CÂTEVA CONSIDERAȚII REFERITOARE LA MOTIVELE PENTRU CARE ROMÂNIA AR TREBUI SĂ ADERE LA CONVENȚIA DE LA HAGA PRIVIND LEGEA APLICABILĂ TRUST-URILOR ȘI RECUNOAȘTEREA ACESTORA

Within this article, the author makes an analysis of the main provisions of the Hague Convention of 1985 on the law applicable to trusts and on their recognition. In the context of introducing in the Romanian civil law the legal operation of fiducia, achieved by the provisions of Articles 773–791 of the Civil Code of 2009, Romania’s accession to the Hague Convention would be a natural step that the Romanian legislator should take in the near future. Although some of the provisions of the Hague Convention have been taken, tale quale, within the provisions of private international law relating to the fiducia, the accession to the Hague Convention and its introduction into the Romanian internal law, would lead to expanding the scope of practical application of the legal instrument of the fiducia itself.