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 the most ...

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 types of...

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) creates a ...