Some Theoretical and Practical Aspects Concerning the Fiduciary Property in the Civil Code of Romania

Abstract

This paper seeks to analyse the concept of fiduciary property as seen through the lens of the current Civil Code of Romania. To this purpose, four key questions ought to be answered. First, what is a fiduciary patrimony? Second, who owns the property held in fiducia? Third, what are the prerogatives of the fiduciary owner? Fourth, what are the legal characters of the fiduciary property? Although the fiduciary patrimony is a patrimonial mass distinct from the personal patrimony of the fiduciary, the ownership of the fiduciary property belongs to the latter. Moreover, the author argues that the fiduciary property is an atypical form of conditional property, in that it is aided by a conventional limitation in the exercise of private property, not dissimilar to an inalienability clause.