THE FIDUCIARY MANAGEMENT AND ITS APPLICATIONS IN THE ROMANIAN LAW
THE FIDUCIARY MANAGEMENT AND ITS APPLICATIONS IN THE ROMANIAN LAW

Summary/Abstract: The fiduciary management represents, together with the fiduciary guarantee, the most used type of fiduciary contracts. This modality of fiducia has become the preferred way of using this institution in practice, a fact proved by the registrations in the National Register of Mobile Publicity. Moreover, this branch of the fiducia is in fact the archetype of this institution. The benefits of the fiduciary management are numerous and were only partially discovered in practice in Romania and through this study we want to highlight other benefits. Among the benefits of this type of fiducia with important implications in the civil circuit we mention the possibility of entrusting a patrimonial mass to some professionals in order to manage these assets as efficiently as possible, maximizing the profit generated by the fiduciary mass without the impediments related to the formalities required for a mandate, overcoming the problems related to representation of the beneficiary in the context of corporate, capital market or transaction deals. As regards the practical applications of fiduciary management, these can come from various fields of civil law. Among the most used we list the following: shareholder management in a commercial company, real estate management, management of a trust consisting of financial assets, management of civil lawsuits, management of assets owned by foreign residents, business management, management of the assets of minors / incapable.

• Details
• Contents