fideicommissum


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fideicommissum

a request to the good faith of another. In Roman law, certain persons could not be heirs or legatees. To get around these rules people would make a bequest to a person capable of being a legal heir and request that person to give the money or property to the intended (but prohibited) person. They initially had no legal effect but were later partially enforced under a special system.
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2, De Usu et de usu fructu et reditu et habitatione et operas per legatum vel fideicommissum datis, 28.
19) The earliest theory maintains that the Roman fideicommissum was responsible for the origin of the trust.
As a general rule fideicommissum is now prohibited, though there are exceptions.