Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

fideicommissum

Read a random definition: Simultaneous death act

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
LSD+ is ad-free, with DMs, discounts, case briefs & more.