fidúcia

Fidúcia is a Latin term meaning trust, confidence, or reliance. In a legal context, particularly in civil law jurisdictions, it refers to a contract where ownership of property is transferred to a trustee (fiducia) by a settlor (fiduciant) for the benefit of a third party (beneficiary). This arrangement is distinct from a typical trust found in common law systems, often involving specific types of assets and serving particular purposes.

The core of a fidúcia contract lies in the transfer of ownership, which is typically a bare or limited ownership, not full beneficial ownership. The trustee holds the property subject to certain obligations and limitations outlined in the agreement. The settlor retains some control or interest, and the beneficiary has rights to the property or its proceeds. This structure can be used for various reasons, including estate planning, asset management, or securing debts.

While fidúcia shares similarities with trusts, it is generally more narrowly defined and subject to specific statutory regulations in countries where it is recognized. The exact nature of the ownership transfer and the rights and responsibilities of the parties involved can vary significantly depending on the jurisdiction and the specific terms of the fidúcia agreement. It is a legal mechanism designed to facilitate a controlled transfer of assets while maintaining a degree of oversight and ensuring benefits for designated parties.