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Comparative analysis between fiducia and other contracts in the Romanian Civil Code

Gunay Duagi ()
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Gunay Duagi: Doctoral School of Law, Bucharest University of Economic Studies, Romania

Juridical Tribune (Tribuna Juridica), 2019, vol. 9, issue 1, 178-190

Abstract: The similarity of fiducia with other law institutions of the Civil Code can be made to a certain extent. However, fiducia remains a profoundly different contract than other contracts such as the administration of the assets of others, the mandate or the mortgage and a thorough comparative analysis is necessary. Thus, the use of fiducia for certain operations and under certain conditions is perfectly justified. The comparison between fiducia and mandate bears many similarities, however a great difference is that in the case of the mandate there is no transfer of ownership. Also, fiducia can be confused with the administration of the assets of others, from which it also borrows some attributes in the matter of the fiduciary's remuneration. However, in this case, the differences are of substance. There are also many similarities to guarantee agreements as both types of contracts are accessories to a main contract that they guarantee. It is also worth mentioning that the introduction of fiduciary operations into the Civil Code is not only a complement to the already existing contract framework with another similar contract, but a real evolution towards the opening of Romanian civil law to a completely different category of advanced contracts that allow sophisticated business operations.

Keywords: fiducia; fiduciary; fiduciary contract; asset management; mandate; mortgage. (search for similar items in EconPapers)
JEL-codes: K12 K15 K22 (search for similar items in EconPapers)
Date: 2019
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Handle: RePEc:asr:journl:v:9:y:2019:i:1:p:178-190