FIDEI-COMMISSUM definition

FIDEI-COMMISSUM





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From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  FIDEI-COMMISSUM, civil law. A gift which a man makes to another, through the 
  agency of a third person, who is requested to perform the desire of the 
  giver. For example, when a testator writes, "I institute for my heir, Lucius 
  Titius," he may add, "I pray my heir, Lucius Titius, to deliver, as soon as 
  he shall be able, my succession to Caius Seius: cum igitur aliquis 
  scripserit Lucius Tilius heres esto; potest ajicere, rogo te Luci Titi, ut 


  cum poteris hereditatem meam adire, eam Caio Sceio reddas, restituas. Inst. 
  2, 23, 2; vide Code 6, 42. 
       2. Fidei-commissa were abolished in Louisiana by the code. 5 N. S. 302. 
       3. The uses of the common law, it is said, were borrowed from the Roman 
  fidei-commissum. 1 Cru. Dig. 388; Bac. Read. 19; 1 Madd. Ch. 446-7. 
       4. The fidei-commissa of the civil law, have been supposed to resemble 
  entails, though some writers have declared that the Roman law was a stranger 
  to entails. 2 Bouv. Inst. n. 1708. 
  
  

















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