Fiduciary Contract - A Short Review
Purpose – This study aims to highlight the novelty brought by the institution of fiduciary contract regulated by the New Civil Code. Design/methodology/approach – Using comparison method, the study empirically examines the institution of the fiduciary contract, the impact of this law institution on the business environment, the conditions of validity of this contract and its effects. Findings – The study demonstrates that the Fiducia is a progressive institution, a legal warranty instrument and a good business opportunity, but which is not widely used. Practical implications/originality/value – Taking into account that the Fiducia is a major innovation especially in banking practice, it is necessary to harmonize the regulations of the New Civil Code with other special regulations, to prevent negative interactions that Fiducia may have with insolvency law, banking law or corporate law.
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