LEGEA APLICABILÃ FIDUCIEI CU ELEMENT STRÃIN ÎN LUMINA CODULUI CIVIL

Fiducia is a legal institution brought into the Romanian national legislation by the entry into force of the New Civil Code. Introducing the institution of fiducia in the national law is the result of adapting national legislation to the new today’s legal and economic realities. The new Civil Code includes regulations applicable to fiducia with / without extraneity element. Regulation of this new institution has theoretical and practical significance as the procedure is a way of protection from creditors. Applying these regulations to particular factual situations requires knowledge and analysis of specific elements of fiducia.