Trustee (Fideicomissary) Substitution - A Historically Structured Comeback
Trustee (Fideicomissary) Substitution - A Historically Structured Comeback

Summary/Abstract: One of the limits of the right of disposition with regard to the assets of the inheritance can be represented by the trustee (fideicomissary) substitutions, which is the focus of this article. This problem arouses attention because it emphasizes the importance of the history of Roman law and of ancient Romanian law in the understanding of contemptimery law. There have also been major changes have taken place through the civil code in force regarding fideicomissary substitutions, compared to the Civil Code of 1864 which sanctioned them with absolute nullity. The present study is particularly interested in an ancestral legal institution and its metamorphosis over time. Only by analyzing in detail and understanding the purpose of the trustee substitution institution can one appreciate the reason for its return in current legislation. The study is structured in two parts, in the first part analyzing the history of the institution, in order to be able to understand the reason for its return, depicting aspects related to the Roman law, the old Romanian law, the Civil Code of 1864, as well as the Civil Code of 2009. In the second part, the fideicomissary substitution was analyzed, extracting the meaning of its return. Historical, teleological, comparative and qualitative research methods were used in the making of this article.

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