Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova
Book X ("Trusts") of the Draft Common Frame of Reference (DCFR): subject of doctrinal discussions and model of inspiration for the legislator of the Republic of Moldova

Author(s): Irina Digori
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: trust; fiducia; DCFR; Civil Code of the Republic of Moldova; Civil Code of Romania;
Summary/Abstract: The Draft Common Frame of Reference (DCFR) project is a comprehensive work to harmonize the rules of private law in the European area. Although it has not gained legal force at European level, the project has undeniable value for the development of private law and can serve as a model for legislators in different states. This has already happened in the case of modernization of the Civil Code of the Republic of Moldova. For the matter of trusts, in DCFR was allocated a separate book - Book X ("Trusts"), which was the basis for the regulation of the institution "fiducia" in the Civil Code of the Republic of Moldova. The purpose of this article is to analyze the assessments and criticisms that have been brought to Book X of DCFR, but also to assess the extent to which the legislator of the Republic of Moldova has followed the model of these rules. Thus, the discussions in the doctrine regarding the strengths and weaknesses of Book X are revealed, the sources of inspiration of the DCFR authors are analyzed and the way in which the institution of "fiducia" in the Civil Code of the Republic of Moldova follows the DCFR trust model is presented. Some comparative observations are also made with reference to the "fiducia" in the Romanian Civil Code.

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