Considerations regarding the one degree fideicommissary substitutions

Abstract

The one degree fideicommissary substitutions and the gradual fideicommissary substitutions are different not only regarding the regulation of their consequences, but also regarding their judicial substance. From Roman law times until today, the institution of fideicommissary substitution had suffered various transformations. The former Civil Code totally forbade the fideicommissary substitutions, but some of the reasons that undelay the prohibition were reconsidered by the New Civil Code. Given the fact that the institute is the beneficiary of a liberality, but, at the same time, he has the obligation to administer the property for the benefit of the substitute, we concluded that the one degree fideicommissary substitution is a sui-generis institution. It doesn`t have the judicial substance of a trust, execution of a will, liberality with a term, condition or charge, stipulation for another, of a right of usufruct, of a deposit or mandate contract, nor any other instituiton.