ANALIZĂ COMPARATIVĂ PRIVIND REGLEMENTAREA FIDUCIEI ÎN SISTEMELE DE DREPT CIVIL
COMPARATIVE ANALISYS ON FIDUCIARY REGULATION IN THE CIVIL LAW SYSTEMS

Summary/Abstract: Fiducia has been regulated in a relatively small number of civil law jurisdictions in Europe and around the world. Although derived from Roman law, from which all civil law systems derive, we still observe that the regulation of fiducia is not uniform. We observe a wide variety of rules on the contract of fiducia, which relate to the duration of the contract of fiducia, the parts of the contract of fiducia, the powers and obligations of the fiduciary, and others. At the same time, we note that the way in which fiduciary rules are regulated is not uniform either. Some civil law states have incorporated these rules on fiducia into civil codes, other states have taken over the rules of the Hague Convention on the Recognition of Trusts, and others have disparately regulated this institution in normative acts specific to certain branches of law. Given the above, the objective of this study is to address some issues of comparative law in terms of regulating fiducia in civil law systems, in order to highlight the similarities and differences between them. Also, another objective of the study is to deal dynamically with the development of fiducia regulations, in order to be able to estimate a trend in the regulation of this institution, taking into account the success of the similar institution adopted in Anglo-Saxon law systems, and namely the trust.

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