The law applicable to the contracts of fiducia containing foreign elements, in the light of the Civil Code Cover Image
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Legea aplicabilă fiduciei cu element străin în lumina Codului civil
The law applicable to the contracts of fiducia containing foreign elements, in the light of the Civil Code

Author(s): Nicoleta Diaconu
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: fiducia; trust; law applicable to fiducia with extraneity element; lex voluntatis; criteria for the objective determination of the law applicable to fiducia.

Summary/Abstract: Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.

  • Issue Year: 2012
  • Issue No: 09
  • Page Range: 85-95
  • Page Count: 11
  • Language: Romanian