The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary

The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.

 
       
         
    STUDIA IURISPRUDENTIA - Issue no. 4 / 2018  
         
  Article:   REGIMUL REAL AL TRUSTULUI, FONDULUI FIDUCIAR ȘI FIDUCIEI. DREPT ENGLEZ ÎN SPAȚIUL DREPTULUI CIVIL?.

Authors:  CHRISTIAN VON BAR, DAN-ANDREI POPESCU.
 
       
         
  Abstract:  Several continental European states tried to integrate the legal Anglo-Saxon legal institution of trust into their Civil law, although they share different perspectives, which often makes this legal transplant an artificial one. This study aims to illustrate the real rights regarding the assets placed into a trust. We analysed the trust interno in Italian law; the fiduciary fund in the Czech Republic, Lithuania and Hungary, the French fiducie and the transfer as warranty under the German law. The conclusion of this study is that the trust institution cannot be integrated into continental law systems, mainly due to equity, another legal institution, specific to the Anglo-Saxon law, which is absent in the analysed legal systems.

Keywords: trust, fiduciary fond, fiducia, legal transplant, equity.
 
         
     
         
         
      Back to previous page