SOME CONSIDERATIONS REGARDING THE REGULATION OF FIDUCIA IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA AND IN THE CIVIL CODE OF ROMANIA

Irina Digori ()
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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,

Perspectives of Law and Public Administration, 2021, vol. 10, issue 1, 104-117

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.

Keywords: fiducia; trust; sources of fiducia; fiduciary contract; fiduciary parties; termination of fiducia. (search for similar items in EconPapers)
JEL-codes: K11 K12 K15 K22 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:sja:journl:v:10:y:2021:i:1:p:104-117

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