Cristina PARASCHIV University of Bucharest Faculty of Business and Administration FIDUCIARY CONTRACT – A SHORT REVIEW Keywords Fiduciary contract Settlor, Fiduciary Lawyer Abstract Purpose – This study aims to highlight the novelty brought by the institution of fiduciary contract regulated by the New Civil Code. Design/methodology/approach – Using comparison method, the study empirically examines the institution of the fiduciary contract, the impact of this law institution on the business environment, the conditions of validity of this contract and its effects. Findings – The study demonstrates that the Fiducia is a progressive institution, a legal warranty instrument and a good business opportunity, but which is not widely used. Practical implications/originality/value – Taking into account that the Fiducia is a major innovation especially in banking practice, it is necessary to harmonize the regulations of the New Civil Code with other special regulations, to prevent negative interactions that Fiducia may have with insolvency law, banking law or corporate law. INTRODUCTION The Fiducia institution, a broadly regulated institution within the Anglo-Saxon law system (Great Britain, USA, Canada) under the name of trust as well as within the continental systems (France - la fiducie, Austria - treuhand, etc), was introduced through the new Civil Code in the Romanian legislation as well. It should also be noted the fact that this institution has been adopted by other legal systems as well such as those in Asia, Africa or South America. The reason why this new legal institution has been imposed, shyly regulated before the entrance into force of the new Civil Code, by the Law no. 51/1995 on the lawyer profession was the fact that it represents a