Synonyms for fideicommissum or Related words with fideicommissum
Examples of "fideicommissum"
In addition to the ordinary form of
described above, two peculiar forms are recognized by the law, a
residui and a
The family first held the
entailed estate of Edö near Askersund, which Captain Adolf Gerhard Lilliestierna traded in 1827 for the
entailed estate of Stora Ek near Mariestad in Västra Götaland.
Another existing use of the "
" is described in G 2.263-266: "libertas quoque servo per
dari potest" if the "heres" or "legatarius" is requested to perform the "manumissio" to become the "patronus" of the slave so freed.
Later, other forms of unconditional fideicommissa came to be recognised, such as the
in diem and the
sub modo. With the gradual assimilation of the rules relating to fideicommissa and legacies, the
purum lost its original purpose. Its application in Roman-Dutch law was apparently extremely rare.
Fideicommissary substitution can be created expressly or impliedly. With regard to an implied
, the so-called "si sine liberis" (meaning "if you die without children") clause is important; so, too, the legal position of the parties to a
In Estate Kemp v McDonald’s Trustee, however, Innes CJ used the concept of
purum in an attempt to explain the juristic nature of a testamentary trust in South African law. Although criticised, this decision was subsequently followed in numerous cases. The term “
purum” was used to denote generally an unconditional
: one without any condition suspending the vesting of the interest of the fideicommissary.
residui" is a form of
which constitutes an exception to the general rule that the fiduciary may not alienate the fideicommissary property. It is a
of the residue or balance of the property left at the death of the fiduciary. Property is bequeathed to a fiduciary on condition that, on his or her death, whatever is left of the property is to go to another person.
there is a presumption that the disposition is not a
, but that it is a direct substitution.
In Roman Dutch law, a "fiduciary heir" may receive property subject to passing it to another on fulfilment of certain conditions; the gift is called a "
". The fiduciary of a
is a "fideicommissioner" and one that receives property from a fiduciary heir is a "fideicommissary heir".
The title "
" refers to the former legal institution of the entail, under which estates and other family properties were passed down from one generation to the next, often benefitting the eldest son. In Sweden, a law abolishing entailed estates was implemented in 1964. The first edition of "
" was placed in the Wanås Sculpture Park, which is situated at Wanås Castle in Skåne. Sidén's sculpture is located on the shore of a pond, with a view of the castle, which was entailed until 1978. The title "
" and the placement of the sculpture emphasize that the work refers to a staking out of territory.
In spite of the fact that there is a presumption against fideicommissa, nevertheless a
is implied by law in favour of particular persons in the case of certain dispositions. The chief instances are those where an express
is made conditional on a si sine liberis decesserit clause, and where there is a prohibition against alienation out of a family.
"Legates" are by nature very similar to the "
", but the latter did not suffer from the same restrictions. "Legates" could only be charged on a "heres", and the "lex Falcidia" in 41 BC constrained the legacy to three quarters of the entire inheritance. This of course did not apply for the "
" and with such could be evaded.
It is, however, enacted by the Immovable Property (Removal or Modification of Restrictions) Act that, after the commencement of the Act (October 1, 1965), any
created in favour of more than two successive fideicommissaries shall be limited to two, whatever the wording of the will. Where the
was created before the commencement of the Act, only two successive fideicomrnissaries are permitted from the date of the will. If, at the date of commencement, two or more fideicommissary substitutions have already taken place, the
shall be terminated at the date of commencement.
may be imposed upon a
, as where the testator leaves “my farm to A; on A’s death after me it is to go to B; on B’s death after A it is to go to C.” In this case, B’s interest is fideicommissary in respect of A’s interest, and fiduciary in respect of C’s interest. A familiar instance of such a disposition occurs in the case of a prohibition against the alienation of property out of a family, for there a
is imposed on each successive generation; subject now, of course, to the statutory limit on the duration of fideicommissa.
If, however, there is a provision that, on a breach of the condition, the property is to go to a certain heir, there is clearly a
in favour of the mentioned heir, as where the testator leaves “my farm to A, subject to the condition that he shall not alienate it, and if he does the farm shall go to B.” Similarly, if a prohibition against alienation is made in favour of a class of persons, a
is implied in favour of such class. For example, where the testator leaves “my farm to my daughter A, provided that she shall not alienate the farm out of the family,” a
is created in favour of the testator’s descendants. The class to be favoured must be clearly specified; otherwise no
The first version of "
" was made for the Wanås Sculpture Park. Another is at Ekebergparken Sculpture Park in Oslo, Norway.
In Braun v Blann & Botha NNO, however, the Appellate Division ruled that “it is both historically and jurisprudentially wrong to identify the trust with the
and to equate a trustee to a fiduciary.” Nevertheless, it remains open to the testator to create an unconditional
, such as one sub certo die: for example, a bequest to A for ten years, and thereafter to B.
was one of the most popular legal institutions in Roman Law for several centuries. It translates from the Latin word "fides" (trust) and "committere" (to commit), meaning that something is committed to one's trust.
Erstavik is a castle-like mansion in Sweden. The surrounding property is one of the few remaining in Sweden still held as "
". It is located next to the Nackareservatet nature reserve.
For a group show at the Wanås Foundation in southern Sweden, Sidén made a bronze, self-portrait, fountain sculpture, "
" (2000). The statue is squatting on the grass and urinating.
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