Deosebiri între fiducie şi trust

drd. Günay DUAGI

avocat

Şcoala Doctorală de Drept, Academia de Studii Economice Bucureşti

ABSTRACT

Although at first glance fiducia and trust seem to have no significant differences, however at a closer look we can see the “crevices” in the connection between the two related institutions. Thus, although the intention of the Romanian legislator was to actually adopt the trust through the New Civil Code, our civil law system made this impossible and the result was the regulation of fiduciary relations on the French model.

Hence the most important distinction between fiducia and trust, the possibility (in the case of trust) or the impossibility (in the case of fiducia) to have a split of property that actually arises from the very legal systems in which they are used. It is also worth mentioning the existence of an interdiction in case of fiducia to be used for free acts, but also the form required by the law for the valid conclusion, which is more permissive in...