Fiducia Cum Creditore Contracta in EU Law

Abstract

The scientific interest has arisen from many questions related to the collateral with title transfer of the ownership. Why EU law adopted an old and prohibited for many centuries and many legal systems title transfer collateral in Financial Collateral Directive (FCD)? Through the centuries it was accepted that this collateral was too risky for debtor, because he transferred full ownership, the value of which sometimes was more than the secured debt. Is this the right direction for secured transaction in settlement systems? May this legal framework work better?

Keywords: fiducia, fiducia cum creditore contracta, financial collateral, EU law, Comparartive law, Roman law

JEL Classification: K11, K12, K22