Aspecte privind aplicarea instituţiei administrării bunurilor altuia în sistemul de drept românesc
CONSIDERATIONS ON THE ENFORCEMENT OF THIRD PARTY ASSETS MANAGEMENT IN THE ROMANIAN LEGAL SYSTEM

Summary/Abstract: The general legal framework of third party assets management, as a legal institution, is determined by the legislator in Title 5 of Book 3 "On assets" in the civil code. Nevertheless, the Civil Code as well as other special regulatory acts have provisions on third party assets management. The correlation between the general framework of third party assets management and other provisions that refer directly or indirectly to third party real estate management is determined by the legislator under art. 794 Civil Code, according to which: "In the absence of special provisions, the provisions of this title are applicable in all cases of third party assets management". This legal provision must be corroborated with the one of art. 792 par (3) Civil Code according to which, “the provisions of this title are applicable to any third party assets management, except for the case when the law, the articles of incorporation or the material circumstances impose the enforcement of a different legal management regime”.

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