Journal articles: 'Fiducie – France'

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Chirieac, Roxana. "Fiducia-warranty in the Romanian law - a possible practical transposition from the French law?" Technium Social Sciences Journal 12 (September 28, 2020): 77–85. http://dx.doi.org/10.47577/tssj.v12i1.1764.

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The fiducia is an institution of long standing tradition in the civil law systems, being regulated in these ever since the roman law period. But, by the assuming the Napoleon French Civil Code, the fiducia was taken out of the regulations of our country, until the entry into force of the 2011 Civil Code. Then, our legislator decided to acquire the French regulations and reintroduce in the national regulations the fiducia institution. Unfortunately, the institution did not come to know success – although meant to compete with the Anglo-Saxon trust, at the present moment there are up to 200 fiducia registered in Romania. On the opposite side, almost 20% of Americans owns a type of trust. The circumstances in Romania are similar to those in France, where the current regulation of the fiducia was „conceived”, where scholars as well as practitioners have tried the implementation of different variations of the fiducia in order to make the institution applicable. Thus were created fiducia-warranty (fiducie sûreté), fiducia management (fiducie gestion), and scholars have spoke about fiducia concessionary (fiducie libéralité). The present study aims to analyse the fiducia warranty institution and to suggest a „transposition” of this practice in the Romanian legislation. We do not consider that the fiducia will generate as much enthusiasm as the trust, that is much more flexible in its constitution as well as its exploitation, but we consider that it may develop its application in our national legislation.

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Troy, D. "France might adopt a law on fiducie." Trusts & Trustees 12, no. 1 (November 1, 2005): 18–19. http://dx.doi.org/10.1093/tandt/12.1.18.

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Barrière, François. "La fiducie française ou le réveil chaotique d’une « belle au bois dormant »." McGill Law Journal 58, no. 4 (October 23, 2013): 847–68. http://dx.doi.org/10.7202/1019047ar.

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La fiducie, connue déjà de Rome, a longtemps été espérée en France. Sans attendre sa reconnaissance sous forme d’institution nommée, de nombreuses techniques juridiques en portaient tous les traits, avec certes un domaine d’application spécifique. Moins qu’une révolution juridique, l’introduction de la fiducie nommée aurait alors dû être une évolution paisible du droit français. Il n’en fut rien. Sa naissance a été chaotique. C’est une petite fiducie qui est née. Son champ d’application était, alors, étroitement limité, illustration de craintes persistantes de l’administration fiscale notamment avec une discrimination de capacité quant aux constituants regrettable. La rupture avec l’unité du patrimoine a toutefois été consommée dès l’origine. Et la nature du droit détenu par le fiduciaire n’a pas manqué de donner lieu à débat. La qualité du texte législatif initialement voté laissait à désirer, illustration d’une tendance des temps modernes. Progressivement, le cadre légal s’est amélioré; le régime juridique s’est affiné pour aujourd’hui s’être stabilisé et offrir un corpus davantage cohérent à l’institution fiduciaire. Cela est peut-être signe que l’introduction de cette « belle au bois dormant » dans un terreau de droit civil a besoin de temps pour s’acclimater.

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Reed, E. "France: France creates a fiducie, at last, and makes other radical changes to the forced heirship rules." Trusts & Trustees 13, no. 4 (April 9, 2007): 110–11. http://dx.doi.org/10.1093/tandt/ttm023.

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Ody, Baptiste. "De l 'acception du trust dans l 'instauration de la fiducie en France." Revue juridique de l'Ouest 24, no. 1 (2011): 171–86. http://dx.doi.org/10.3406/juro.2011.4327.

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Parodi, Nuccia. "Trust and fiduciary transactions. A still ongoing complex process: concise comparison between Italian and German systems." Milan Law Review 3, no. 2 (December 30, 2022): 74–95. http://dx.doi.org/10.54103/milanlawreview/19509.

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Before The Hague Convention was signed (on 1st July 1985), it was not allowed to refer to any trust country’s law as a framework for domestic trusts having no international objective elements. The Hague Convention has instead allowed it, but it has also enabled its signatory Member Countries to outlaw any reference to such a framework (art. 13 The Hague Convention).Well, shortly after The Hague Convention came into force, Italy has instead largely acknowledged the legitimacy of domestic trusts, while extensively enforcing some domestic rules deemed to be binding under articles 15 and 18 of the Hague Convention. France’s and Germany’s approach have been different. France has ratified the Convention, but it has also enacted a trust-related law regulating any domestic fiduciary transactions (Act dated 19th February 2007. De la fiducie). Germany (which has not ratified The Hague Convention) has drawn up specific rules about fiduciary transactions, giving rise to an increasingly clear development over the last twenty years. Therefore, three different solutions to the same substantial problems in major Civil-law Countries. This essay outlines and focuses on the development of the German system.

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Berlinguer, Aldo. "The Italian Road to Trusts." European Review of Private Law 15, Issue 4 (August 1, 2007): 533–53. http://dx.doi.org/10.54648/erpl2007030.

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Abstract: In Italy, there are still today no exhaustive systematic rules on trusts. Aspects of this institute, as developed in common-law jurisdictions, give rise to considerable practical difficulties, since they conflict with some linchpin tenets of the civil law tradition, including the general principle of the liability of the debtor, the conception of property as an absolute right and the limited number of rights in rem, the prohibition of succession agreements. Despite all this, large efforts have been recently made to introduce, in the Italian legal system, institutes that would perform at least some of the peculiar functions of trusts. This is not an isolated phenomenon but a tendency characterizing a growing number of other systems, including Luxembourg, Quebec, Uruguay, China, Republic of San Marino and, lastly, France. Such tendency is fostered by a number of reasons: EU Institutions have recently proved very pro-active towards trusts, inviting member states to introduce equivalent tools in their legislation. The growing competition among regulators for providing hospitable environments to investors has also pushed even the more conservative to innovate. A fit example of this can be found in the recent law on fiducie which has substantially transplanted in the French systema tool that closely resembles the trust. Following the introduction of this new, valuable instrument, large portions of the French system will be dramatically modified, including those areas of the law, as successions, that are not directly touched upon. A shift of perspective has thus occurred: from the idea, shared until today that the fundamental principles of civil law could only be derogated in specific and exceptional circumstances, to the awareness of their actual reduction to the status of ordinary rules. Comparing the new regulation governing the fiducie with the Italian surrogates of the trust, it appears quite obvious that such important modernization process has yet to be conceived in Italy, where a similar shift of perspective is still far to come. Résumé: Encore aujourd’hui, en Italie, le système juridique ne règlemente pas, de manière systématique, le phénomène du trust. Certains aspects de cet institut, développés dans les pays de common law, contrastent avec les fondations primaires de la tradition civiliste, qui prévoit la responsabilité patrimoniale du débiteur, la conception de la propriété comme droit absolu, le nombre limité des droits réels, l’interdiction des pactes successoraux. Cependant, nombreux atteints ont étés faits pour introduire dans le système de droit Italien, des institutes qui puissent reproduire au moins certains effets du trust. Il ne s’agit pas d’un phénomène isolé mais d’une tendance partagée par d’autres systèmes, comme Luxembourg, Québec, Uruguay, China, République de San Marino, France. Cette tendance s’explique pour différentes raisons: elle à été encouragée par les institutions européennes, qui ont étés très actives en faveur de l’adoption des institutes comme le trust. La compétition croissante parmi les législateurs afin d’attraire des investissements a poussé même les plus conservatifs à innover. Emblématique est la récente introduction de l’in

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RAVANAS, Emmanuel. "LES DIFFICULTÉS D’INTRODUCTION DE LA FIDUCIE QUÉBÉCOISE DANS UN PAYS DE TRADITION CIVILISTE CONNAISSANT L’INSTITUTION DE LA RÉSERVE HÉRÉDITAIRE – L’EXEMPLE DE LA FRANCE." Revue du notariat 109, no. 2 (2007): 265. http://dx.doi.org/10.7202/1045581ar.

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Lupoi, Maurizio. "Trusts in mixed jurisdictions." Pravovedenie 67, no. 1 (2023): 21–55. http://dx.doi.org/10.21638/spbu25.2023.102.

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Closed legal systems are gone in modern world, “mixed” legal systems have become the norm. That has made so-called “transplants” easier but, contrary to a widely held view, legal institutions cannot be transplanted. English trust rules even less, for they are not a coherent set of rules. The British attempted to legislate on trusts for their colonies, for instance for Ceylon (the present-day Sri Lanka), and were thus obliged to be coherent. That made it necessary to introduce new legal concepts with unforeseeable consequences. A wave of legislation followed the adoption of the convention “On The Law Applicable To Trusts And On Their Recognition” by the 15th session of the Hague Conference on private international law (1985); it gave birth to the “international model” of trusts that quickly became the favourite setting of the rich and ultra-rich. Jersey in the Channel Islands was the leading jurisdiction, many others followed but it was not until the establishment of the International Finance Centres in the Gulf and later in Kazakhstan where “the laws of England and Wales” are taken as a source of law and local courts are staffed by former English judges or in any event by lawyers brought up in the common law that a proper transplant of the English trust took place. A totally different legal setting witnessed attempts to create imitations that had to run against well-established civil law conceptual attitudes that did not allow the existence of more than one patrimony per person or the segregation of assets within one person’s patrimony. In 2022 France decreed that each businessman is automatically the owner of two patrimonies; that open the way to a radical re-thinking of civil law notions. Québec and Louisiana are taken as examples of civil law legislation on trusts but Québec has followed its own idea that the assets that form the object of a fiducie belong to nobody, while Louisiana’s Trust Code is a deft admixture of civil law and common law elements based on the civilian notion of “fiduciary”. Luxembourg, France and other civil law countries are then examined: the focus then is on South Africa and Scotland, two countries which have a common past in a shared period of the European ius commune and a common present in being both orphaned from a cultural lineage that provided answers to current matters by drawing on Roman law. Now they both solve the problem of the patrimony by holding that a trustee has more than one patrimony, his own and then one for each trust of which he is the trustee.

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Herbots, Jacques. "Les contrats commerciaux OHADA dans une perspective congolaise. Vers un droit général commun des obligations contractuelles?" European Review of Private Law 23, Issue 1 (February 1, 2015): 47–80. http://dx.doi.org/10.54648/erpl2015004.

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Abstract: The economists agree that actually the African economies did take off. A further growth, however, needs investments. Attracting these investments is precisely one of the purposes of the African Union with her 54 Member States and of - in a geographically more limited area - the OHADA, the organization for the harmonization of business law in mainly French-speaking Africa. The originality of the OHADA consists in the adoption of uniform Acts, which apply in all 17 Member States. It is only fair to say that through these uniform statutes the influence of France and that of the French juridical culture are perpetuated in Africa. In this paper, the OHADA legislation is described, more specifically from the perspective of one of the Member States, namely the Democratic Republic of Congo, the former Belgian colony. An overview of the uniform Acts relating to the following commercial contracts is given: sale, arbitration agreement, carriage of goods by land, lease for professional purposes, lease of the management of a business, agency and brokerage, pledge, surety, and other guarantees. The uniform Acts modernize the outdated law of the Member States. Some of the introduced innovations are the Trade and Personal Property Credit Register and the Trustee for the guarantees. The French law as it stands in our days (including e.g. the trust-like device of the "fiducie") serves as a model, but so does the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles. The latter is not faithfully followed, though. For instance, the remedy of the anticipatory breach (provided for in the CISG) did disappear out of the revised uniform Act relating to the general commercial law. The unilateral avoidance for breach of contract (provided for in the UNIDROIT Principles), on the other hand, is only by exception allowed and the exceptional circumstances are not defined. The creditor must normally thus apply to the court for an order resolving the contract. The non-commercial special contracts continue to be regulated by the national law of each Member State. This can produce odd effects, so is the ownership of the goods sold transferred to the buyer at the very moment of the agreement of the contracting parties according to the Congolese Civil Code, while the ownership of the goods sold in Congo by commercial contract takes place at the moment of the delivery since the joining of the OHADA. In the present state of affairs, the general law of contracts (as opposed to the OHADA special rules for the different nominate contracts) remains also part of the national law of the Member States. Obviously, this has to change by all means, if one wants the harmonization of the commercial contracts. This article deals therefore also with a text that should become the cornerstone of the OHADA legislation, i.e., the preliminary draft on general contract law. It follows as close as possible the UNIDROIT Principles and there are good reasons for this, as explained by the draughts man professor M. Fontaine. Unfortunately, this draft is momentarily blocked off backstage by some lawyers steeped in the myth of the French legal culture. It may indeed seem hard to imagine, for instance, that the causa disappears! But then also does the consideration in the UNIDROIT Principles.

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Rhéaume, Jean. "La cession générale de créances commerciales à titre de garantie comme contrat de « fiducia » en droit québécois, français et anglais." Les Cahiers de droit 28, no. 1 (April 12, 2005): 137–83. http://dx.doi.org/10.7202/042799ar.

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General assignment of book debts is a frequently used financing contract. Jurisprudence and doctrine have not yet determined its juridical nature in a sure and definitive way. They have qualified it as a pledge, a conditional sale, a giving in payment, a mortgage, a cession en pleine propriété à titre de garantie. Proposed in Quebec, France and England, these various qualifications nevertheless indicate that identital contracts having an identity of finality must correspond to a unity of juridical nature. The author then observes that this contract could well be a fiducia cum creditore or contract of fiduciary transfer already known in Roman Law.

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Giller, Cole A., Patrick Mornet, and Jean-François Moreau. "The first formulation of image-based stereotactic principles: the forgotten work of Gaston Contremoulins." Journal of Neurosurgery 127, no. 6 (December 2017): 1426–35. http://dx.doi.org/10.3171/2016.10.jns161966.

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Although image-based human stereotaxis began with Spiegel and Wycis in 1947, the major principles of radiographic stereotaxis were formulated 50 years earlier by the French scientific photographer Gaston Contremoulins. In 1897, frustrated by the high morbidity of bullet extraction from the brain, the Parisian surgeon Charles Rémy asked Contremoulins to devise a method for bullet localization using the then new technology of x-rays. In doing so, Contremoulins conceived of many of the modern principles of stereotaxis, including the use of a reference frame, radiopaque fiducials for registration, images to locate the target in relation to the frame, phantom devices to locate the target in relation to the fiducial marks, and the use of an adjustable pointer to guide the surgical approach.Contremoulins' ideas did not emerge from science or medicine, but instead were inspired by his training in the fine arts. Had he been a physician instead of an artist, he might have never discovered his extraordinary methods.Contremoulins' “compass” and its variants enjoyed great success during World War I, but were abandoned by 1920 for simpler methods. Although Contremoulins was one of the most eminent radiographers in France, he was not a physician, and his personality was uncompromising. By 1940, both he and his methods were forgotten. It was not until 1988 that he was rediscovered by Moreau while reviewing the history of French radiology, and chronicled by Mornet in his extensive biography.The authors examine Contremoulins' stereotactic methods in historical context, describe the details of his devices, relate his discoveries to his training in the fine arts, and discuss how his prescient formulation of stereotaxis was forgotten for more than half a century.

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Rhéaume, Jean, Dominique Le Tourneau, Daniel Roussy, Jean H. Lavoie, Alain Lemieux, André Albert Morin, Marc Boudreault, and Jérôme Gagné. "Gérald-A. Beaudoin (sous la direction), Ainsi évolue la Charte, (Actes de la Conférence de l’Association du Barreau canadien tenue à Toronto en mars 1989), Cowansville, Les Éditions Yvon Blais Inc., 1990, 374 pages, ISBN 2-89073-749-7 Collectif, L’Église à l’épreuve de la Révolution. Actes de l’Association des juristes catholiques poitevins, Paris, Téqui, 1989, 113 p., ISBN : 2-85244-957-9 Collectif, La laïcité au défi de la modernité, (sous la direction de J.-B. d’Onorio), Paris, Téqui, 1990, 247 p., ISBN : 2-85244-989-7 Gérard Druesne, Droit matériel et politiques de la communauté européenne, Paris, Coll. Droit fondamental, Presses universitaires de France, 1986, 416 pages, ISBN 2-13-039651-8 Emmanuel Gaillard, Dominique Carreau et William L. Lee, Le Marché Unique Européen, Études internationales, Éditions A. Pédone, Paris, 1989, 286 pages, ISBN 2-233-00201-6 Rachel Grondin, Les infractions contre la personne et contre les biens, Collection Bleue, Montréal, Éditions Wilson & Lafleur Ltée, 1988, 145 pages, ISBN 2-89127-083-5 Rachel Grondin, Les infractions contre la personne et contre les biens, Collection Bleue, 2 édition, Montréal, Édition Wilson & Lafleur Ltée, 1990, 174 pages, ISBN 2-89127-162-9 Louise Lévesque, L’acte de fiducie, Collection Minerve, Cowansville, Les Éditions Yvon Blais Inc., 1991, 244 pages, ISBN 2-89073-765-9 The Markland Policy Group, Disarmament’s Missing Dimension: A U.N. Agency to Administer Treaties, Science for Peace \ Samuel Stevens, Toronto 1990, 150 pages, ISBN 0-88866-635-7." Revue générale de droit 22, no. 3 (1991): 667. http://dx.doi.org/10.7202/1057818ar.

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Мазаева, Анна, and Anna Mazaeva. "BENEFICIAL OWNERSHIP AND TRUST: EXPERIENCE OF CIVIL LAW COUNTRIES." Journal of Foreign Legislation and Comparative Law, February 14, 2017, 0. http://dx.doi.org/10.12737/24305.

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The increasing complexity and internationalization of economic processes, escalation of risks of solo asset management, constant change of market conditions, emergence of new means of earning income from property demand from the owner of any valuable assets to find a professional who can effectively manage an estate. Lack of clearness in legislative regulation in the Russian Federation stimulates the title holders to use international law institutes such as trust, rather than national asset management. The author underlines unrecoverable problems occurring during attempts of implementation of trusts into the legislation of European countries, gives examples of alternative institutes of an asset management. The article describes problems occurring because of trust implementation into civil law. The author makes the comparative analysis of the “contract” model and the “trust” model of asset management and gives several examples of successful application of trust-like institutions in civil law countries, such as: Institution of precede and subsequent successors (Vorerbe and Nacherbe); Dauertestamentsvollstrecker and Treuhand in the law of succession and corporate law of Germany; la fiducie in civil law of France. The article contains a brief overview of the Hague Convention on the Law Applicable to Trusts and on their Recognition 1985 as an example of harmonization of common understanding of trust among European countries and the resolution of the problem of legal qualification of trust relations by civil courts.

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Nekit, Kateryna, and Volodymyr Zubar. "Fiduciary management and fiduciary ownership in the post-Soviet countries: experience of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation." Trusts & Trustees, October 2, 2020. http://dx.doi.org/10.1093/tandt/ttaa084.

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Abstract The focus of this research is to define the common and distinctive features of the approaches used by lawmakers in the post-Soviet states (Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation) for the purpose of implementing fiduciary management and fiduciary ownership institutes into their respective national laws. It has been established that over the course of the fiduciary management and fiduciary ownership institutes development in the countries referenced above, similar solutions were initially applied. Thus, an effort was made to implement the institute of trust inherent in the common-law countries into the systems of civil law. However, the effort did not come to fruition and that resulted in the fiduciary management institute being implemented. However, notwithstanding the similarities in the general approaches to determining the content of the fiduciary management provisions in all post-Soviet countries, the situation in Ukraine came out to be different from that in other countries. Following the adoption of the Civil Code (CC) of Ukraine with the fiduciary management institute enshrined therein, the Code was amended by adding the provisions on fiduciary ownership, but typical for the Civil Law countries. Over a long period of time, the Ukrainian legislation was the only one that referred to the institute of fiduciary ownership (fiducia), but due to recent dramatic overhaul, the CC of the Republic of Moldova was amended by the provisions on fiducia as well. This research represents a review of modern statutory provisions of Ukraine, Republic of Moldova, Republic of Belarus and Russian Federation covering fiduciary management and fiduciary ownership, including identification of common and distinguishing features thereof. It is found that as of today, the laws of the Russian Federation and Republic of Belarus do not go beyond fiduciary management, whereas those existing in the Republic of Moldova and Ukraine refer to both fiduciary management and fiducia institutes. Outlined in the research are differences between fiduciary management, trust and fiducia. The research also offers an insight into the degree of influence the Draft Common Frame of Reference and provisions of the CC of Romania and CC of France, those related to trust and fiducia, had on the formation of fiduciary ownership concept in the legislation of the Republic of Moldova. Also included in the research is the analysis of the latest changes in the legislation of Ukraine, related to the introduction of fiduciary ownership as a means to secure the performance of obligations.

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Ventura, Paolo. "L'unitarietà di un impegno civile: architettura, insegnamento, urbanistica." Contesti. Città, territori, progetti, February 5, 2024, 34–55. http://dx.doi.org/10.36253/contest-14886.

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Le note che seguono analizzano l’attività di Gian Franco Di Pietro secondo tre campi: l’attività di architetto ed urbanista; l’attività di pianificazione territoriale; la didattica. I tre campi sono strettamente interrelati e tra loro complementari. Il primo è quello principale, perché Di Pietro, come i suoi compagni di corso del tempo, ha una formazione forte di architetto, di specialista della forma fisica dell’ambiente costruito con i propri connotati estetici, costruttivi e funzionali. L’urbanistica, soprattutto quella attuativa, è intesa come progettazione alla scala più vasta, estensione del campo disciplinare dell’architettura. Di Pietro svolge questa attività da solo o coadiuvato da aiuti di fiducia, in particolare la moglie Lela, mantenendo un proprio controllo personale dai primi schizzi fino al disegno del dettaglio architettonico.

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Hoffmann, Bradley, Parastoo Dehkordi, Farzad Khosrow-Khavar, Nandu Goswami, Andrew P. Blaber, and Kouhyar Tavakolian. "Mechanical deconditioning of the heart due to long-term bed rest as observed on seismocardiogram morphology." npj Microgravity 8, no. 1 (July 12, 2022). http://dx.doi.org/10.1038/s41526-022-00206-7.

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AbstractDuring head-down tilt bed rest (HDT) the cardiovascular system is subject to headward fluid shifts. The fluid shift phenomenon is analogous to weightlessness experienced during spaceflight microgravity. The purpose of this study was to investigate the effect of prolonged 60-day bed rest on the mechanical performance of the heart using the morphology of seismocardiography (SCG). Three-lead electrocardiogram (ECG), SCG and blood pressure recordings were collected simultaneously from 20 males in a 60-day HDT study (MEDES, Toulouse, France). The study was divided into two campaigns of ten participants. The first commenced in January, and the second in September. Signals were recorded in the supine position during the baseline data collection (BDC) before bed rest, during 6° HDT bed rest and during recovery (R), post-bed rest. Using SCG and blood pressure at the finger, the following were determined: Pulse Transit Time (PTT); and left-ventricular ejection time (LVET). SCG morphology was analyzed using functional data analysis (FDA). The coefficients of the model were estimated over 20 cycles of SCG recordings of BDC12 and HDT52. SCG fiducial morphology AO (aortic valve opening) and AC (aortic valve closing) amplitudes showed significant decrease between BDC12 and HDT52 (p < 0.03). PTT and LVET were also found to decrease through HDT bed rest (p < 0.01). Furthermore, PTT and LVET magnitude of response to bed rest was found to be different between campaigns (p < 0.001) possibly due to seasonal effects on of the cardiovascular system. Correlations between FDA and cardiac timing intervals PTT and LVET using SCG suggests decreases in mechanical strength of the heart and increased arterial stiffness due to fluid shifts associated with the prolonged bed rest.

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Journal articles on the topic 'Fiducie – France'

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