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Simple English definitions for legal terms

fideicommissum

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A quick definition of fideicommissum:

Fideicommissum is a Latin word that means a direction given to an heir to give some part of the inheritance or all of it to a third party. It was used in Roman law to overcome some of the technicalities of the Roman will. It was a way for a testator to give property to a person for the benefit of another who could not inherit property. Over time, it was used to tie up property for generations, but most civil jurisdictions now prohibit or limit it.

A more thorough explanation:

Definition: Fideicommissum is a legal term that originated in Roman law. It refers to a direction given by a testator to an heir, asking them to give some part of the inheritance, such as a particular object or the entire inheritance, to a third party. It was a way to overcome some of the technicalities of the Roman will. Originally, it created a moral obligation, but later it became enforceable by legal process.

In civil law, fideicommissum is an arrangement similar to a trust, where a testator gives property to a person for the benefit of another who cannot inherit property by law. This device was used to tie up property for generations, but most civil jurisdictions now prohibit or limit it.

For example, in Louisiana, an arrangement in which one person bequeaths property to a second with a charge to preserve it and, at death, to restore it to a third person is a prohibited fideicommissum.

Examples:

  • A wealthy man leaves his entire estate to his son, with a fideicommissum directing him to give a portion of it to his daughter after his death.
  • A testator leaves his antique collection to his nephew, with a fideicommissum directing him to give a particular vase to his friend after his death.

These examples illustrate how a testator can use fideicommissum to direct their heirs to give a portion of their inheritance to a third party. It creates a moral obligation on the part of the heir to fulfill the testator's wishes, even though it may not be legally binding.

fideicommissary substitution | fidejubere

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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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