Fidei Commissa - Law Dictionary Search Results
Home Dictionary Name: fidei commissafidei commissa
fidei commissa pl of fidei commissum ...
Fidei-commissum
Fidei-commissum, a testamentary disposition, by which a person who gives a thing to another imposes on him the obligation of transferring it to a third person. The obligation wass not created bywords of legal binding force (civilia verba), but by words of request (precative), such as 'fidei committo,' 'peto,' 'volo dari,' and the like, which were the operative words (verba utilia). If the object of the fidei-commissum was the h'reditas, the whole or a part, it was called fidei-commissaria h'reditas, which is equivalent to a universal fidei-commissum; if it was a single thing, or a sum of money, it was called fidei-commissum singul' rei. The obligation to transfer the former could only be imposed on the heirs; the obligation of transferring the latter might be imposed on a legatee. It appears that there were no legal means of enforcing the due discharge of the trust called fidei-commissum till the time of Augustus, who gave the consuls jurisdiction in the fidei-commissa. Fidei-commissa ...
fidei commissum
fidei commissum pl: fidei com·mis·sa [-sə, -sÄ ] [Latin fidei commissum, from neuter past participle of fideicommittere to bequeath (a thing) with the request that it be delivered to a third person, from fidei, dative of fides trust + committere to place in the hands of, entrust] in the civil law of Louisiana : a gift (as by will) of property in which a person is invested with title and which the person is directed to convey to another person or to make a particular disposition of compare substitution NOTE: Fidei commissa are prohibited by the Louisiana Civil Code. ...
Actio bon' fidei
Actio bon' fidei, is an action available in Civil Law to a party in a negotium bon' fidei. All actions instituted by the pr'torian Law were actiones bon' fidei. The obligation produced by a negotium bon' fidei are not precisely determined, therefore the intentio of an action bon' fidei is incerta quidquid Nus Nus. A'. A'. dare facere oportet ex bona fide. Accordingly the judge was allowed to take consideration of equity into account and he was acting as an arbiter rather than as a judex. See CONDICTIO, Sand. Just....
uberrimae fidei
uberrimae fidei [Latin, of the most abundant good faith] : of the utmost or perfect good faith [contracts of insurance are traditionally contracts uberrimae fidei] ...
Pro l'sione fidei
Pro l'sione fidei. See L'SIONE FIDEI....
L'sione fidei, suits pro
L'sione fidei, suits pro, proceedings in the Ecclesiastical Courts for spiritual offences against conscience, for non-payment of debts, or breaches of civil contracts. By entertaining them the clergy attempted to turn the Spiritual Courts into tribunals for the administration of equity; but these suits were prohibited by the Constitutions of Clarendon, 10 Hen. 2, c. 15....
Pr'tor fidei-commissarius
Pr'tor fidei-commissarius, the judge at Rome who enforced the performance of all fiduciary obliga-tions and confidence. See 1 Steph. Com....
Defender of the Faith
Defender of the Faith [ fidei defensor, Lat.], a title of the Sovereign of England, as Catholic is of the King of Spain, and Most Christian was of the King of France. It is still stamped (F.D. or Fid. Def.) on British coins. These titles were originally given by the Pope; and that of Defensor Fidei was first conferred in 1521 by Leo. X. on henry VIII. (but personally only), as a reward for writing against Martin Luther. In 1538 Pope Paul III., on King Henry's suppressing the monasteries, in the Bulla citatoria regis Angli' 'delivered over Henry's soul to the devil, and his dominions to the first invader,' without, however, expressly withdrawing the title; but by 35 Hen. 8, c. 3, the title was expressly given by Parliament, and has continued to be used by all succeeding Sovereigns of this country to this day, notwithstanding the repeal of 35 Hen. 8, c. 3, by 1 & 2 Ph. & M. c. 8, s. 4 (or 20), and the continuation of that repeal by 1 Eliz. c. 1, s. 4 (or 13). See Introduction to the 1901...
Uberrima fides
Uberrima fides [Lat.] (most abundant good faith). Contracts said to require uberrima fides are those entered into between persons in a particular relationship, as guardian and ward, solicitor and client, insurer and insured [as to which last, see London Assurance Co. v. Mansel, (1879) 11 Ch D 363; Joel v. Law Union, etc., Insurance Co., (1908) 2 KB 863]; and contracts of suretyship and partnership, though not strictly contracts uberrim' fidei, are when once entered into, such as to require full disclosure and the utmost good faith see Phillips v. Foxall, (1872) LR 7 QB 666; Blissed v. Daniel, (1853) 10 Ha 522.A contract for sale of land (q.v.) is not in every respect uberrim' fidei, but see s. 183 of the Law of Property Act, 1925, and that title....
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