Historical Background to the Current Regulation of Fiduciary Substitution in Romania

Ilyés, Kinga (2026) Historical Background to the Current Regulation of Fiduciary Substitution in Romania. In: Instruments for Preserving the Unity of Family Business and Agricultural Assets: Perspectives of Legal History. Legal Heritage . Central European Academic Publishing, Budapest, Miskolc, pp. 141-167. ISBN 978-615-7027-30-5

Preview

Text Chapter 6.pdf - Published Version Available under License Creative Commons Attribution Non-commercial No Derivatives. Download (310kB) | Preview

Abstract

The legal institution of fiduciary substitution has undergone significant transformations in Romanian law, reflecting changes in civil codes and legislative priorities. Initially regulated under the Calimach Code (1817-1865), fiduciary substitution was omitted from the Civil Code of 1864 and remained absent for over a century. With the enactment of the current Civil Code in 2011, this legal mechanism was reintroduced in a modernised form, addressing contemporary legal needs. This article examines the historical evolution of fiduciary substitution in Romania, analysing its origins in Roman law, its status under past civil codes, and its present-day regulation – highlighting the objectives of fiduciary substitution, including facilitating transgenerational property transmission and preserving family assets while maintaining core legal principles.

Actions (login required)

View Item