Comparaţie între fiducie şi administrarea bunurilor altuia
COMPARISON BETWEEN THE FIDUCIA AND MANAGEMENT OF ANOTHER'S ASSETS

Summary/Abstract: The interference between the fiducia and the institution of the management of another's assets is clear, as from the content of art.773 Civil Code it is clear that the fiduciary receives patrimonial rights that make out an autonomous patrimonial mass, distinct of the other rights and obligations of his patrimony, rights that he manages, management that, according to art. 795 Civil C. can be simple or according to art. 800 Civil C. the management can be absolute. Thus, the first important observation is that, the provisions of the IVth Title of the IIIrd Book of the Civil C. are to be completed with those of the Vth Title of the same Book regarding the Management of another's assets. In the relation of the two institutions (fiducia and the management of another's assets) regarding the management transactions, the institution of management of another's assets is the general legal framework (common regulation) while the fiducia is a specific application of management of another's assets, with specific particularities that result from the status of the contracting parties, the control over the administrator (for instance, the fiduciary is accountable to the settlor regarding the fulfillment of his obligations, the conditions in which the fiduciary, according to the contract, must account to the beneficiary and the representative of the settlor etc.).As it was underlined in doctrine1, the contracting parties will establish in the content of the fiduciary contract the limits of the administration, who will exert the control of the titles in the fiduciary patrimonial mass and to whom the fiduciary will answer foremost. For these aspects it is important to stress out the fact that the regulation of the patrimony of affectation (dedicated assets) in the New Civil Code is welcome, being appropriate to the need to explain the fiduciary institution and the management of another's assets.

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