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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Blackstone infiere que el fideicomiso es el antecedente historico juridico directo del trust: "Uses and trust are in their original of a nature very similar, or rather exaxtly the same: answering more to the fideicommissum than the usus-ductus of the civil law (160)".
Puede ser util este comentario de Santiago Castan: <<Entre las distintas formas fideicomisarias destacan, sin duda, por sus efectos, el fideicomiso universal (fideicommissum hereditatis) y el de familia (fideicommissum familiae relictum), puesto que en el seno de ambos entrara en juego la denominada "sustitucion fideicomisaria".
(19) The earliest theory maintains that the Roman fideicommissum was responsible for the origin of the trust.
Before the French Revolution, the law was more permissive, to such extent that much of the land was tied up for future generations by means of fideicommissum, a concept of Roman law with resemblances to the strict settlement of English law.
Latin legalese: 389c, 392c, legatum; 389c, fideicommissum; 392a, peculium; 393c, codicillus; other Latin words: 392c, 393b, 396b, notarius; 393b, pallium.
He can also appeal to the strongest secular legitimation for his actions; in a parody of the Roman law, he claims both a contract of mandate (mandatum) and a "trust" (fideicommissum) granted to him by Perpetua herself.