ro fr
universul juridic magazin
Revista Română de Drept Privat

Legal transplants (II). Taxonomy and the factors that contribute to the success of a legal transplant

Having analyzed in a previous study the concept and the influence of „legal transplants” on the legal systems, the historical sources of the emergence and development of the concept of „legal transplants” and the controversy about their existence, in this study, the most common and the most relevant factors that contribute to the increased chances of success of the process of „legal transplant” represent one of the highlights and analyses conducted by the author, Attorney PhD. Daniel Moreanu. The author also analyzes in detail, as a novelty in the Romanian doctrine, the typology of „legal transplants” that have been identified by foreign ideologues who have studied this subject. There are also a few lines dedicated to the analysis of the situation in Romania, starting from the nineteenth century and continuing with the recent situation determined by the proclamation of the Civil Code of 2009, including certain institutions classified as „legal transplants”, fiducia, one of the examples, representing in fact the response of civil law systems to the open nature of markets and international transactions based on the trust instrument and at the same time a classical proof of the concept known in specialised literature as „legal transplants”, in other words legal instruments taken tale quale from a legislation and implemented in other legislation.