Regimul juridic al masei fiduciare și al separației de patrimonii
Legal regime of the fiduciary assets and of assets’ separation

Summary/Abstract: Fiducia is an innovative institution in the legal landscape in Romania. The main reason for this qualification is the way in which the fiduciary relations work, namely the fact that this institution implies a separation of assets. The importance of the separation of the fiduciary assets lies in the impossibility for creditors of the trustee to demand their rights from this table be enforced, even in the event of the insolvency of the fiduciary, except with certain exceptions. The protection of the beneficiary's interests has been treated with great importance by the legislator who has devoted a number of articles to this effect in the Civil Code. However, the fiduciary assets analysis in the context of the fiduciary mechanism is particularly complex and requires correlation between the articles devoted to the separation of assets and those that provide for the rights and obligations of the parties to the fiduciary agreement. Another aspect that requires a special attention and raises a series of questions is the concrete way in which these provisions and rights can be transposed into Romanian practice.

• Details
• Contents