Fidei-commissum

In the civil law. A species of trust; being a gift of property (usually by will) to a person, accompanied by a request or direction of the donor that the recipient will transfer the property to another, the latter being a person not capable of taking directly under the will or gift.

Lat. (jil.fidei eommissa.) Id the civil law. A thing committed to one's faith. A trust, or bequest in trust; the disposal by will of an inheritance to a person, in confidence that he would convey it, or dispose of the profits, at the will of another, or, in the words of the Institutes, that he would restore {reddat, restituat) it to another. Inst, 2. 23. 2. Halifax Anal. b. 2, c. 8. 2 BL Com. 327. 1 Stepk, Com. 329. The person in whom the trust was reposed was called hares, or hc Bres fdudarius, the person intended to be benefited, ^rfei-fommman'M*. Inst, 2. 23. The trust itself was called fidei-commissum, because the performance of it anciently depended entirely upon the faith or honor of the trustee. Ideo fidei-commissa appellata sunt, quia nullo vinculo juris, sed tantum pudore eorum qui rogahantur, contineban' tur; — afidehoeredumpendebant. Inst, 2. 23. 1, 12. Heineccius calls the testator ^t/etcommittens, £lem, Jur, Civ, lib. 2, tit. 23. The right of the fidei-commissarius was originally considered as jus precarium, one for which the remedy was only by entreaty or request, but was afterwards made jus fiduciarium, a confidence,the observance of which might be enforced; and it was made the business of a particular magistrate (the pros tor fidei-commissarius,) to enforce the observance of them. Inst. 2. 23. 1-. 1 Steph. Com, 329. 4 Kent's Com, 289. The terms, however, by which the fideicommissum was created, continued to preserve their ancient character of a request: — peto^ (I request;) rogo, (I ask;) volo^ (I wish;) mando, fidei tuce committo, (I commit to your faith.) Inst. 2. 24. 3. The Institutes give the form of words which might be employed for this purpose. Lucius Titius hoeres meus esto; let Lucius Titius be my heir, lliis was the appointment of the heir, or trustee. Then followed the trust: Rogo te, Luci Titi, ut cum primum poieris hc Breditatem meam adire, eam Caio Seio reddas, restituas: I request you, Lucius Titius, that as soon as you shall enter on my inheritance, you restore it to Caius Seius. In^t, 2. 23. 2. 4 Kent*s Com, 289, 290. See 1 Spen^x's Chancery, 485—438.