With a history of about 125 years, the unincorporated partnership/joint venture has managed to come into prominence in the daily legal life as a usual, familiar presence, not raising significant problems (doctrinal and jurisprudential equally).A regulation more than compact – articles 251-256 of the Commercial Code – placed in Title VIII On companies and commercial associations, Chapter II On associations (after Chapter I On compan...

Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the „crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.Hence th...

Fiducia could not be treated without revealing the similarities it has with the institution of trust. The similarities between fiducia and trust are both evidence of the “linkage” of the two legal instruments and the extent of a potential simultaneous use of these contracts. Starting from the common object, the number and role of each of the fiducia and trust participants and the way the separation of fiduciary property assets and the t...

This article continues the series and proposes a brief analysis of the substantive and form conditions of the trust contract. If, as far as the substantive conditions are concerned, the legal text does not intend to innovate, the legal text is more than innovative in terms of form and formalities required for enforceability against the third parties. Without any claims of exhaustion of these aspects, the second part of this article is a...

Certain discussions related to the parties of the trust, but also to the fiduciary transaction have been carried out in previous articles. In the present study only particular aspects are to be highlighted. Also, considerations regarding the character of the trust will be presented as it results from the novelty conception of the Romanian legislator. ...

Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provi...

In the second part of the study, I have tried to highlight, depending on the purpose of which it was created, the applicability of this legal operation.In this sense, in order to outline the legal construct of the trust, it is essential to compare and contrast this operation and other legal institutions with which is share similarities.The trust regulation do not reveal the practical utility. Therefore I tried, by analizing v...

The first part of the study aims to analyze the institution of trust and the property held in trust.Continuing the idea of the Roman-Germanic system, system which remain pervious only if the native elements do not afect its essence; we are not pleading for the efficiency of the trust’s and as a direct consequence, for its introduction in our law.This complex legal operation is an absolute novelty in the Romanian legal landsc...

In addition to the classical vision of property, taken from the Napoleonic Code of 1804, the New Romanian Civil Code brings new elements of a postmodern nature, which are essential for understanding the concept in current society. The blending of principles specific to continental law (inspired by French, Italian, and Dutch law) with those of the Province of Quebec (of a mixed, continental nature with strong common law implications) cre...