Caracterul executoriu al contractului de fiducie
The enforceability of the trust deed

Summary/Abstract: Trust, one of the absolute novelties among the Romanian civil law establishments, originates from the instrument known in Anglo-Saxon law under the name of trust. Objective law defines trust as the legal operation whereby one or more settlors transfer rights in rem, debt, securities or other property rights or a combination of such rights, current or future, to one or more trustees performing the same with a specific purpose, for the benefit of one or more beneficiaries. These rights make up an autonomous patrimony estate, distinct from other rights and obligations of the trustees’ properties. The trust deed means a contract whereby one party, called “settlor” submits by title of trust to the other party, called “trustee”, property and rights for the purpose of their exploitation with a specific purpose. In our analysis, we shall present those issues that address the enforceability of the trust deed, from the notarial perspective.

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