Fideicommissum


Also found in: Dictionary, Legal, Wikipedia.

Fideicommissum

 

in Roman law until A.D. 529, a bequest, all or part of which the heir was directed to transfer to a third person. The obligation to transfer the property was originally informal, but it acquired the force of law during the reign of the emperor Augustus; thereafter, the person on whose behalf the fideicommissum had been made had the right to demand the property through judicial procedure. Fideicommission had advantages over testamentary duty imposed by the legator insofar as it could be imposed on an heir by law and could be established in any form whatsoever, either prior or posterior to the will, in the form of a codicil, letter, or some other expression of intent.

After 529, the only type of fideicommissum to be applied was the “universal” type, by which an heir was obligated to transfer the entire inheritance to a third party.

References in periodicals archive ?
Quaesitum est, rei publicae fideicommissum utrum ab herede an a libertis datum sit.
Isidoro, Etymologiae, 5.17: "Fideicommissum dictum, ut fiat quod a defuncto committitur.
Regardless of the exact origin of the modern Anglo-American trust, these four institutions--the Roman fideicommissum, the Salic salmannus, the Islamic waqf, and the English use--all "emerged as a result of positive-law deficiencies and restrictions concerning the ownership and devolution of property," and to some extent their origins are "properly found in the historical circumstances in which [they] arose." (29) The same can be said of modern trust institutions in other areas of the world, such as the yayasan in Southeast Asia, (30) and the fideicomiso in Latin America.
Demonstracao da premissa fundamental e da primeira tese.--Denominacao (fides, bona fides) e expressoes (fideicommissum, fiducia, etc.) significando um conceito ou uma norma etica geral: ausencia de noticias a respeito de uma possivel alteracao juridica do conceito etico.--Explanacao essencial da bona fides na possessio bonae fidei em sentido proprio.--Expressoes romanas: credere, putare, etc.--Critica de Bruns acerca da oposicao do estado etico e do estado psicologico.--Critica de Pernice sobre o predominio do ultimo.
D'Estouteville's fideicommissum appears to have been extremely slow in carrying out their charge for his monument or, at least, for a monument should he have intended a grandiose one.
Civil law scholars tend to use analogies without any foundation, such as regarding the contract in favor of third parties or with the fideicommissum. Or, led astray by the unguarded language of common law scholars--who should think twice before uttering the magic words "equitable ownership" in front of civil law practitioners--claim that trusts subvert the framework of real rights,(41) or that the unity of patrimony becomes fragmented.