FIDEICOMMISSUM, - i - lam] - mis'sfun (Lat., committed to faith, bequest ). At Roman law, the lideirommissunt was a trust bequest. Dur ing, the republican period, a valid bequest could he made only in the form of a legacy in :1 regular testament. It was, however, not unusual for a person, acting in contemplation of death, but not wishing to leave a testament, or not wishing to substitute a new testament for one already made, to charge the person who was to take the inherit ance, whether by law or by testament, with the duty of paying a sum of money, or giving some particular thing or things, to a third person; or to charge the person who was to receive a legacy with the duty of transmitting the legacy or some portion of it or of its value to a third person. Such directions might be given in writing (•odi cilli) or orally, before witnesses or without wit nesses; but in no case. before the time of Augustus, was the duty imposed by such a charge anything more than a moral duty. Augus tus made all such bequests. however informal, recoverable by action, and instituted a special court for trust-bequest eases. During the early Imperial period it became not unusual to impose upon an heir, by such a trust bequest, the duty of handing over to a third person the entire estate or some fractional part of it (so-called `universal' trust bequest): and it was enacted by the Senate that in such cases the third person should he compelled to accept, in proportion to the share of the estate which he was to re ceive. the position and obligations an heir or
universal successor. The effect of this whole development was that testation was practically freed from all formalities. In the late Empire a reaction occurred in favor of greater formality: and in the Justinian law a codicil with five wit nesses was required for the establishment of trust bequests. Justinian. indeed. enacted that an oral charge imposed upon the heir should be actionable, but excluded all evidence except that of the claimant and the heir, and provided that the heir should be freed upon taking oath that he had received no such charge. Fideicommissa were introduced and developed to accomplish ends that could not be accomplished at the Ro man law by testament. By a trust of this sort it was possible. for example. to leave the owner ship of an entire estate or of a particular piece of property to one person for a definite term or for life, or subject to a condition subsequent, and then to another person (substitutio fideicommis saria). Arrangements of this character are per mitted, with limitations, in the Spanish civil code (secs. 7S1-7S6), and in the French civil code (sees. 1048-1074). In the German imperial Code the same result is reached through what is termed post-inheritance (nacherbsehaft). In German law fideicommiss has become the tech nical term for an estate permanently entailed. Consult the authorities referred to in the article CIVIL LAW.