new civil code
Social sciences (General)
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AbstractFor a long time, dispute resolution and alternative techniques like mediation have been dealing with a classic conception: every part involved in dispute resolution was carrying exactly one patrimony. Irrespective of physical or moral person the rule was the same: one person, one patrimony. Alternative dispute resolution, like mediation, dealt with persons in order to reach a mutual agreement affecting their unique patrimony. The rule is already history. Still remain the first premise: every person has a patrimony. But under present Civil code the provision is stopping here. As a result, the uniqueness of the patrimony vanished from new law. Dealing with different patrimonies a dispute solver should be able to understand the new notion and to assist the parties to finals agreements according to the rules of the divisions of the patrimony. First at all we should observe that any division of the patrimony of a person have to have a legal basis. The “liberalisation” of the patrimony is not so advanced in order to accept any voluntary division of the patrimony of the person. Second, the prominent creation in this field are represented by fiducia (a kind of Anglo-Saxon trust concept) and assigned patrimony. Fiducia is new for our legal system only, following in fact the Quebec civil code regulation. The assigned patrimony was already been present in our legislation. The Ordinance no 44/2008 was dealing with this concept in commercial field.