TITLE

SUBSTITUÅ¢IILE FIDEICOMISARE ÅžI LIBERALITÄ‚Å¢ILE REZIDUALE ÃŽN REGLEMENTAREA NOULUI COD CIVIL

AUTHOR(S)
GENOIU, ILIOARA
PUB. DATE
June 2012
SOURCE
Romanian Review of Private Law / Revista Romana de Drept Privat;2012, Issue 3, p147
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Whereas the Law no. 287/2009 regarding the Civil Code) validates, following the example of other legislations (especially the French legislation) and at the instance of the specialty literature and of the judicial practice, the simple trustee substitutions and the residual liberalities, innovating thus in a substantial way in this matter, the analysis of the problems of these legal mechanisms becomes actual and useful. Consequently, in this study we propose to examine the trustee substitutions and the residual liberalities in a comparative manner, considering, on the one hand, the New Civil Code and the Civil Code of 1864, and, on the other hand, the New Romanian Civil Code and the French legislation, the latter representing once again for the Romanian legislator, the main source of inspiration regarding the legal operations under debate. Thus, we consider that we will be able to point out the new components brought in the matter by the Civil Code into force and to consider the opportunity, the completeness and the fairness of the regulation of these problems.
ACCESSION #
83778156

 

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