Chapter

Theory, Practice, and History: Rudiments

DAVID JOHNSTON

in The Roman Law of Trusts

Published in print December 1988 | ISBN: 9780198252160
Published online March 2012 | e-ISBN: 9780191681356 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252160.003.0001
Theory, Practice, and History: Rudiments

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Trusts did not exist within the civil systems that are derived from Roman law, and even in Roman law itself. Trusts are in fact acknowledged as one of the major contributions of the legal systems that comprise common law. It is important to note that the term ‘trust’ is the most appropriate translation of the Latin fideicommissum. Both the fideicommissum outside the formulary system of Rome that is attributed a new official procedure and the trust in equity evident outside common law have been able to establish and develop independent jurisdictions. Also, both institutions share the same nature wherein property is given to one person for another person's benefit. Although fideicommissum and ‘trust’ are of different origins, certain parallels would reveal that they are related in function. While there are few studies that draw attention to how trusts are incorporated in Roman law, this book examines the internal structure and functions of trust in Roman law.

Keywords: Roman law; fideicommissum; trust; Rome; independent jurisdictions; property

Chapter.  8046 words. 

Subjects: History of Law

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