FIDEICOMMISSUM. - It is a disposition of last will by which an heir is instituted with the obligation to preserve and transmit, in whole or in part, the inheritance to a determined person or body. The heir is called fiduciary; the person or body for whom the inheritance must be preserved and to whom it must be transmitted is called fideicommissary.

The institution of the f. dates back to Roman law (Instit. Inst., I, II, tit. 23, de fideicomn. heredit. §2). It had wide application in the Middle Ages and after 1200 also through the influence of Spanish domination and legislation. The nobility first and the bourgeoisie later made extensive use of it to ensure the preservation of patrimony and other goods (e.g., workshops, industries, etc.) within the family and even of primogeniture.

The principles of liberty, affirmed especially with the French Revolution, led little by little to the abolition of the institution of the f. The civil code of 1862 in art. 599 excluded every fideicommissary substitution, while the current code of 1942 restores it exclusively within these limits: a) the testator may impose on his son the obligation to preserve and to restore at his death, in whole or in part, the goods constituting the disposable portion in favor of all the sons born and to be born from the institute or in favor of a public body (art. 693); likewise the testator may impose on a brother or a sister the obligation to preserve and restore the goods left, in favor of all the sons born and to be born from them or in favor of a public body (art. 692). The fiduciary heir assumes somewhat the figure of the usufructuary, with enjoyment, free administration and representation of the goods that form the trust (art. 693). The inheritance devolves upon the substitute at the moment of the death of the institute (art. 696).

Fideicommissary substitution in favor of pious causes is admitted without limits by canonical legislation (cann. 1513-14), which prescribes that the cleric or the religious fiduciary (when it is a matter of a trust in favor of pious causes) inform the Ordinary, who, as ex officio guardian of pious wills (can. 1515 § 1), will exercise control (can. 1516). In the canonical order fideicommissary substitution may take place also by act between the living.

Bibliography4 works

BIBL.: C. Ferrini, Teoria generale dei legati e del f. secondo il diritto romano con riguardo all'attuale giurisprudenza, Milano 1889; V. Oblet, Fideicommis, in DThC, V, coll. 2205-99; R. Trifone, s. v. in Nuovo digesto italiano, V, pp. 999-1016; A. Trabucchi, Istituzioni di diritto civile, 3ª ed., Padova 1939, p. 777 sqg.

Luigi Oldani

FAITH AND ORDER (CONFERENCES): v. CONFERENZE PANCRISTIANE.

@incollection{ec5_fedecommesso_fideicommissum, author = {Oldani, Luigi}, title = {Fedecommesso (Fideicommissum)}, booktitle = {Enciclopedia Cattolica}, volume = {V}, pages = {1106}, note = {Cited by column}, publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico}, address = {Città del Vaticano}, year = {1950}, url = {https://azioneromana.com/article/fedecommesso-fideicommissum} }

One of some 20,000 entries brought back from the twelve printed volumes (1948–54). Spotted something? Help us improve it.

About this entry