Substituţiile fideicomisare în noul Cod civil
Substitution of Trustee in the New Romanian Civil Code

Summary/Abstract: Within the system of Civil Code of 1864, substitutions of trustees were prohibited by the law mainly because they infringed upon free circulation of goods, personal character of will and credit. The legislator of the new Civil Code considered that the most important thing is to protect the testator’s family and looked for a formula aiming to eliminate the disadvantages which determined the prohibition of fideicommissary substitutions. The solution of the Romanian legislator represents a compromise between the traditional regulations in the field of fideicommissary substitutions and the need not to affect other values of the actual society, such as the protection of the reserve of protected heirs, the free circulation of goods and the observance of the personal character of will.

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