Scurte consideraţii privind natura juridică, izvoarele şi condiţiile de fond şi de formă ale fiduciei în dreptul civil român

Conf. univ. dr. Cornelia MUNTEANU

Universitatea "Lucian Blaga" din Sibiu

Facultatea de Drept

Keywords: trust, concept, legal nature, trust agreement, conditions of validity

Brief considerations on the legal nature, sources, and substantive and formal conditions of trusts in Romanian civil law

Summary

Our study concisely analyzes the institution of trust in Romanian civil law. Although the adoption of trust in Romania was relatively late, it has ancient roots in Roman law and evolved in the Anglo-Saxon system as a trust. In Romania, trusts are regulated by the Civil Code as a legal transaction whereby a settlor transfers assets or rights to a trustee for the purpose of exercising them for the benefit of a beneficiary. A trust may have a management or guarantee role and creates a separate estate from the trustee's personal estate. The legal nature and sources of the trust...