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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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