If Luke dies before Stuart, the condition of the fideicommissum fails, Luke s rights are extinguished, and there is nothing to transmit to Luke s estate or successors ( unless there is a clear indication in the will to the contrary ).
42.
With regard to an implied fideicommissum, the so-called " si sine liberis " ( meaning " if you die without children " ) clause is important; so, too, the legal position of the parties to a fideicommissum.
43.
With regard to an implied fideicommissum, the so-called " si sine liberis " ( meaning " if you die without children " ) clause is important; so, too, the legal position of the parties to a fideicommissum.
44.
Therefore, if it is shown that the testator contemplated the death of the first-mentioned beneficiary as taking place not in the testator s lifetime, but only after the testator s death, the presumption does not arise; the disposition is held to be a fideicommissum.
45.
Article " 44 " of the " 1811 Decree " abolished the centuries-old institution of " fideicommissum " in inheritance law, by which the French enabled younger noblemen to participate in that part of the family inheritance, which the former law had deprived them of.
46.
It is, however, enacted by the Immovable Property ( Removal or Modification of Restrictions ) Act that, after the commencement of the Act ( October 1, 1965 ), any fideicommissum created in favour of more than two successive fideicommissaries shall be limited to two, whatever the wording of the will.
47.
However, a testator was also able to create a " fideicommissum ", a more flexible and less formal indication of the testator's intent which could have the effect of transferring part or all of an estate after death, although with fewer rights to the beneficiary than those of a named heir.
48.
For example, where the testator was fifty-seven years of age and left a farm to his grandson aged six, subject to the condition that, if the grandson came to die without lawful descendants, the farm should revert to the testator s children, the court held that the intention of the testator was to create a fideicommissum.
49.
The fideicommissum, which in fact had little resemblance to the Roman institution of the same name, was almost the standard method of property transfer among the European nobility; Austria, Germany, Switzerland, Bohemia, Sweden and Italy were some of the countries where it became very popular among wealthy landowners, beginning in most cases around the early Modern Age.
50.
In Braun v Blann & Botha NNO, however, the Appellate Division ruled that it is both historically and jurisprudentially wrong to identify the trust with the fideicommissum and to equate a trustee to a fiduciary . Nevertheless, it remains open to the testator to create an unconditional fideicommissum, such as one sub certo die : for example, a bequest to A for ten years, and thereafter to B.
How to say fideicommissum in Hindi and what is the meaning of fideicommissum in Hindi? fideicommissum Hindi meaning, translation, pronunciation, synonyms and example sentences are provided by Hindlish.com.
