Trust a different business organization Cover Image

Trust-ul o formă diferită de organizare a afacerilor
Trust a different business organization

Author(s): Anemari OPRIŢOIU
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: globalization; trusts; legal institutions; economy; business organizations

Summary/Abstract: In our new civil code has been introduced a new legal institution - Fiducia. Although with a Latin name specific to our Roman- Germanic law system, fiducia is in reality an adaptation of the trust institution, witch is a fundamental element of the common law system. In the context of globalization and unprecedented economic growth appeared the need for adopting legislations witch correspond as good as possible to the needs of companies, by reducing disparities between laws of the various states. Trust, creation of common-law system is an example of the need to adapt legislations. Approaching to this institution began to be made by European countries since 1985 when it was concluded the Hague Convention on the applicable trust and their recognition. Today most European countries have introduced similar institutions to the trust, in their domestic legislation despite differences between mentality and legal culture. But what is the trust and which is the reason why it became one of the most perceived and used legal institutions by the European legal systems. This paper aims to make an analysis of original institution of the trust in order to understand the functions it fulfill in the economy of the Anglo-Saxon states especially in the United States.

  • Issue Year: I/2012
  • Issue No: 2
  • Page Range: 138-158
  • Page Count: 21
  • Language: English