The Fiduciary Contract and the Administration of the Goods of Another Person in the New Civil Code. A Comparative Outlook

The Romanian legislator introduced the offices of the administration of the goods of another person and the fiduciary contract for the first time in the history of our legal system, in order to develop it and also to answer an existing social reality. These two legal institutions, whose practicability surely raises several questions in your mind, seem at times hard to make sense of, upon a general view. Among the causes for such difficulties we find that a part of the stipulations have been almost wholly taken from the legal system of other states, respectively: the notion of the administration of the goods of another person comes from the civil code of the province of Quebec, while the fiduciary contract was borrowed from the French Civil Code. It is worth mentioning that the French code does not comprise a different regulation for administrating the goods of another person, although the code of Quebec and that of Romania do. Apart from the analytical outlook of these two newly-founded institutions, the present study offers support for their inclusion into the Romanian legislation and an attempt to faithfully represent them in order to find any possible answers to issues which may be encountered in their application, by identifying the link between these two realities and point out their differences. Although they are regulated differently each from the other, we cannot avoid noticing the direct link between them, especially given that the legislator expressly makes clear references to the administration of the goods of another person within the framework of the fiduciary contract.