fideicommissuma

Fideicommissum is a legal concept originating in Roman law. It is a trust or a bequest that is not binding under civil law, but rather entrusted to the good faith of a fiduciary. The fiduciary is obligated by honor and conscience to carry out the wishes of the testator. Unlike a direct legacy, a fideicommissum could be made to anyone, including those who could not directly inherit under Roman law, such as foreigners or slaves.

Initially, fideicommissa were not legally enforceable, relying solely on the conscience of the fiduciary. However, over time, the praetor developed specific remedies to ensure their execution. This evolution eventually led to the development of legal mechanisms similar to modern trusts. The purpose of a fideicommissum was often to circumvent strict legal limitations on inheritance or to provide for beneficiaries who might otherwise be excluded. It allowed for a more flexible distribution of wealth.

The term itself derives from the Latin "fides," meaning trust or faith. The creation of a fideicommissum typically involved informal arrangements, often expressed in a will, but also capable of being made orally. The fiduciary was expected to transfer the property or fulfill the stipulated conditions for the benefit of a third party, the beneficiary. This distinction between direct inheritance and fideicommissary disposition was a significant feature of Roman property law.