2015
RADU-ROMEO POPESCU, Substitution of Trustee in the New Romanian Civil Code
Abstract: Within the system of Civil Code of 1864,
substitutions of trustees were prohibited by the law mainly because they
infringed upon free circulation of goods, personal character of will and
credit. The legislator of the new Civil Code considered that the most important
thing is to protect the testator’s family and looked for a formula aiming to
eliminate the disadvantages which determined the prohibition of fideicommissary
substitutions. The solution of the Romanian legislator represents a compromise
between the traditional regulations in the field of fideicommissary
substitutions and the need not to affect other values of the actual society,
such as the protection of the reserve of protected heirs, the free circulation
of goods and the observance of the personal character of will.
Key-words: substitution of
trustee, testator, substitued person, succesive donations, fiducia, succesoral
reserve
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