SOME CONSIDERATIONS REGARDING THE REGULATION OF „FIDUCIA” IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA AND IN THE CIVIL CODE OF ROMANIA
SOME CONSIDERATIONS REGARDING THE REGULATION OF „FIDUCIA” IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA AND IN THE CIVIL CODE OF ROMANIA
Author(s): Irina DigoriSubject(s): Civil Law, International Law, Public Administration, Law on Economics, EU-Legislation, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: „fiducia”; trust; sources of „fiducia”; fiduciary contract; fiduciary parties; termination of „fiducia”;
Summary/Abstract: The „fiducia” represents a new institution in the legal system of the Republic of Moldova, being introduced by the Law on the modernization of the Civil Code and the amendment of some legislative acts, no. 133 of 15.11.2018, in force since 01.03.2019. In the process of elaborating the legal framework, the legislator took into account international legislative developments, including the provisions of the Civil Code of Romania. However, the basic source of regulation in the Republic of Moldova was the Book X –„Fiducia” of the Draft Common Frame of Reference of the European Union. Therefore, there is a considerable difference between the „fiducia” under the Civil Code of the Republic of Moldova and the „fiducia” under the Civil Code of Romania. This article aims to present in a comparative aspect the institution of „fiducia” in the light of the regulations of both states. Mainly, some terminological issues will be discussed and some conceptual similarities and differences will be revealed, which concern important aspects such as: sources of „fiducia”, fiduciary parties, conditions, grounds for termination of the „fiducia” etc.
Journal: Perspectives of Law and Public Administration
- Issue Year: 10/2021
- Issue No: 1
- Page Range: 104-117
- Page Count: 14
- Language: English