Saturday, September 14, 2013
Bujorel Florea (Independent) has recently published an article entitled, Certain Remarks About the Trust Agreement Such as Regulated in the New Civil Code, (August 22, 2013). The review Dreptul no. 8/2013. Provided below is the introduction to the article from SSRN:
The paper examines the trust, a newly regulated institution in the content of the Romanian Civil Code (Law no. 287/2009) into force from 10 October 2011.
The author formulates any critical remarks about the way in which the legislator defined the trust agreement, makes a comparison between the trust and the other similar legal institutions and highlights the specific elements of the parties and the content of the trust agreement. A special place shall be granted to the analysis of the fiduciary capacity, of the liability, of its obligations and relationships with the other persons, as well as to the analysis of the ways in which the trust agreement shall be terminated.
The author formulates numerous de lege ferenda proposals as well, intended to align the legal rules in the matter with the objective legal reality.