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Some Considerations Regarding The Regulation Of Fiducia In The Civil Code Of The Republic Of Moldova And In The Civil Code Of Romania

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  • Irina Digori

    (Doctoral School of Legal Sciences, Moldova State University, Republic of Moldova, scholarship holder of the Eugen Ionescu program (AUF) at the University of Bucharest,)

Abstract

The fiducia represents a new institution in the legal system of the Republic of Moldova, being introduced by the Law on the modernization of the Civil Code and the amendment of some legislative acts, no. 133 of 15.11.2018, in force since 01.03.2019. In the process of elaborating the legal framework, the legislator took into account international legislative developments, including the provisions of the Civil Code of Romania. However, the basic source of regulation in the Republic of Moldova was the Book X ãFiduciaÓ of the Draft Common Frame of Reference of the European Union. Therefore, there is a considerable difference between the fiducia under the Civil Code of the Republic of Moldova and the fiducia under the Civil Code of Romania. This article aims to present in a comparative aspect the institution of fiducia in the light of the regulations of both states. Mainly, some terminological issues will be discussed and some conceptual similarities and differences will be revealed, which concern important aspects such as: sources of fiducia, fiduciary parties, conditions, grounds for termination of the fiducia etc.

Suggested Citation

  • 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.
    • Handle: RePEc:sja:journl:v:10:y:2021:i:1:p:104-117
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    References listed on IDEAS

    as
    1. 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.
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    More about this item

    Keywords

    fiducia; trust; sources of fiducia; fiduciary contract; fiduciary parties; termination of fiducia.;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • 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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