RĂSPUNDEREA FIDUCIARULUI ÎN CADRUL CONTRACTULUI DE FIDUCIE
THE LIABILITY OF THE FIDUCIARY IN THE FIDUCIARY AGREEMENT

Summary/Abstract: The liability of the fiduciary represents a key aspect in the fiduciary building structure. Fiducia is a legal instrument which is based in trust. The trust that should be inspired by the fiducia has a very strong connection with the potential consequences of breaching this trust. In this context, the fiduciary’s liability becomes paramount. The Civil Code expressly provides the existence of such liability which should support the dissemination of the fiducia in the Romanian legal space. In the same time, we could not discuss about the liability of the fiduciary without considering its rights and obligations. The correlation of such notions and implications are essential for a correct analysis in the matter of fiduciary liability. Considering the importance of the aspects mentioned above for the fiduciary perations, the dimension of the fiduciary’s liability in the context of fiduciary’s rights and obligations, such as limitation of its other rights, becomes a pillar on which fiducia in the continental system of law is built.

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