Bibliographic record
Abstract
ABSTRACT.Fiducia is a new institution that originates from the institution of specific to equity law, introduced in the Romanian law system, by the New Civil Code in 2011. The New Romanian Civil Code defines as a legal operation, by which one or more constitutors transfer real rights, accounts receivable, or other patrimonial rights, or a group of such rights, future and present, to one or more fiduciaries that exercise them with a specific purpose, in the benefit of one or more beneficiaries. These rights create an autonomous patrimony, distinct from other rights and obligations that the fiduciaries have. The provisions of the New Civil Code regarding are very similar to the ones of other European civil codes and also present some similarities with the ones of the Civil Code of Quebec. An important aspect of this complex operation is that the fiduciary is considered a real owner of the goods that are the object of the fiduciary contract and in this quality he can exercise all the rights that the proprietor would have. However the duration of the transfer cannot exceed 33 years, after which the patrimonial mass is transferred to the beneficiary, or if the beneficiary is absent, it returns to the constitutor. Also, in matters regarding the administration of the fiduciary patrimony, whenever there is no special regulation, general rules of administration will be applied.Keywords: fiducia; contract; New Civil Code; trust1. PreliminariesInitially, was a real contract in Roman law, starting with the beginning of the classical era, together with mutuum (a form of loan for perishable goods), the pledge, commodate, and deposit. Fiducia was a contract consisting in the alienation of a good, followed by a convention through which the receiver of that good was obliged to return it at a fixed term. There were two types of fiducia, cum creditore (a real contract consisting in the guarantee of a debt by transferring the property of a good by the debtor to his creditor. The creditor was obliged to return the good when the debt was paid) and cum amico (a loan based on trust) (Cococ, Magureanu, 2012: 108). Fiducia was not isolated from the solemn means of transmitting the property, but was an indivisible juridical operation, inscribed on mancipatio or on in iure cessio, meaning it could not be separated from them. As a result, the debtor was competing with other creditors of his creditor and was able to obtain only a fraction of the value of the goods that he was giving as a guarantee, even if he was paying his debt in full.We must note however, that the introduced in the New Civil Code, in 2011, does not originate from Roman law, but from the French institution which, at its turn is inspired by the an institution specific to Anglo-Saxon law. Even if in Romanian law is greatly inspired by the French civil code (art. 2011-2030), it shares some elements with the regulated, for example by the Civil Code of Quebec (art. 1260-1370). There are numerous similarities between fiducia and the trust, however the differences between them prevent us from considering the two terms as synonyms for the same juridical institution (for example, in order to create a the sole manifestation of will of the constitutor will suffice, while will always originate from a written contract).Prior to the regulation of this institution in our New Civil Code, there was no stipulation regarding fiducia, in Romanian law, excepting the Law nr. 51/1995 regarding the profession of lawyer. According to art. 3 of this Law, the lawyer was having the possibility to place and capitalize certain assets that were given to him as a deposit by his clients.2. The Separation of PatrimonyFiducia is based on another institution, also new for our legal system. According to the New Civil Code [art. 31, para. (2)] the patrimony may be divided or appropriated to a purpose, but only to the extent provided by law (similar to art. …
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.001 | 0.000 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".