Fiducia-garanţie
Trust-guarantee

Summary/Abstract: Although the legal operation of trusts has been extensively studied, one of its subspecies has been overlooked, despite its practical potential. In this paper we have analysed the trust-guarantee, both from the perspective of the conditions of validity and the content that the contract must present, and from the perspective of its effects. We have highlighted the shortcomings of the current regulation and given some indications as to the additional elements that the contract must present, in addition to those expressly listed by the legislator. A particularly important help in this respect has been provided by the doctrine of the country of origin of the current regulation, where trust and surety has been in practice since before the express regulation of the operation.

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