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Fiduciary Contract - A Short Review

Author

Listed:
  • Cristina PARASCHIV

    (Faculty of Administration and Business, University of Bucharest, Romania)

Abstract

Purpose – This study aims to highlight the novelty brought by the institution of fiduciary contract regulated by the New Civil Code. Design/methodology/approach – Using comparison method, the study empirically examines the institution of the fiduciary contract, the impact of this law institution on the business environment, the conditions of validity of this contract and its effects. Findings – The study demonstrates that the Fiducia is a progressive institution, a legal warranty instrument and a good business opportunity, but which is not widely used. Practical implications/originality/value – Taking into account that the Fiducia is a major innovation especially in banking practice, it is necessary to harmonize the regulations of the New Civil Code with other special regulations, to prevent negative interactions that Fiducia may have with insolvency law, banking law or corporate law.

Suggested Citation

  • Cristina PARASCHIV, 2013. "Fiduciary Contract - A Short Review," Management Intercultural, Romanian Foundation for Business Intelligence, Editorial Department, issue 29, pages 242-247, October.
    • Handle: RePEc:cmj:interc:y:2013:i:29:paraschiv
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    More about this item

    Keywords

    fiduciary contract; warranty instrument; banking practice; lawyer;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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