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The parties of fiduciary contract

Author

Listed:
  • Cornelia Lefter

    (Department of Law, Bucharest University of Economic Studies)

  • Gunay Duagi

    (Department of Law, Bucharest University of Economic Studies)

Abstract

The parties of the fiduciary contract in general, and the fiduciary in particular represent the “engine” that moves the gear of this innovative institution. This study is dedicated to the analysis of the most important aspects regarding the parties of fiduciary contract as they are briefly regulated by civil Code, both by reference to current national regulation and practice and by reference to international law and practice. On one hand, it is relevant that there are some restrictions imposed by the legislator on the fiduciary capacity and, on the other hand, there is a partial lack of correlation between the current legislation regulating the activity of the qualified subjects of the potential fiduciaries with the provisions of civil Code. At the same time, very useful regulations have been issued for some of the fiduciary categories (investment companies and lawyers) that facilitate their access to this institution and the use of fiduciary agreements in practice. However, in general, the lack of clarity and insufficient legislation, as well as unawareness by some potential beneficiaries of this institution, keeps the utilization of fiduciary contracts at a low level in practice.

Suggested Citation

  • Cornelia Lefter & Gunay Duagi, 2017. "The parties of fiduciary contract," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(2), pages 77-88, December.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:2:p:77-88
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    File URL: http://tribunajuridica.eu/arhiva/An7v2/9.%20Lefter,%20Duagi.pdf
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    Citations

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    Cited by:

    1. Roxana Chirieac, 2020. "Fiducia-warranty in the Romanian law - a possible practical transposition from the French law?," Technium Social Sciences Journal, Technium Science, vol. 12(1), pages 77-85, October.
    2. Irina Digori, 2021. "Some Considerations Regarding The Regulation Of Fiducia In The Civil Code Of The Republic Of Moldova And In The Civil Code Of Romania," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 10(1), pages 104-117, March.
    3. repec:thr:techub:10012:y:2020:i:1:p:77-85 is not listed on IDEAS

    More about this item

    Keywords

    the parties of the fiduciary contract; settlor; fiduciary; beneficiary of the fiduciary contract; fiduciary-lawyer; Romanian civil Code.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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