Analiza fiduciei în sistemul de drept românesc
Analysis of the fiducie in the Romanian legal system

Summary/Abstract: This study aims to analyze the institution of the civil law trust, the fiducie, trying to find out both its entire functioning system and its dysfunctions. The notoriety of the fiducie in the Romanian legal system is very low and its practical use is very timid, that is why the study aims to find out what makes the fiducie an instrument so little used, through a comparative analysis with the common law trust. The paper analyzes how the fiducie was taken over from the “eternal French model”, whether this takeover was just a legal transplant or the fiducie was adapted to our system, and then to express our opinion on the need for possible remedies to this institution. The paper also includes a comparative analysis with the French trust, but also with the Québec trust, as the latter is considered one of the most successful trusts.

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