2015 Fiscal Year Final Research Report
The origin and history of trust-like devices in the civil law: toward a law system for the society of mutual assistance
| Project/Area Number |
25380021
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Hiroshima International University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | ローマ法 / fideicommissum / 遺言信託 / 遺贈 / 遺言解釈 / 後見 / 財産管理 |
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| Outline of Final Research Achievements |
This study in the Roman law has shown that fideicommissa carried out a significant role in the innovation of legal interpretation. Fideicommissa have been commonly recognized as a kind of substitutive means for bequests based on Gaius’s Institute. But researching many texts of fideicommissa in Justinian Digest we can find complicated and elaborated interpretation of wills and codicils to realize the intentions of deceased. Especially the constructive interpretation was used to rescue some dispositions in the invalid or obscure wills caused by constituting fideicommissa out of the wills. It means that fideicommissa had mitigated the distinction between testation and intestacy and that is an exact role of fideicommissa.
In case of the fideicommissa with beneficiary who needed support to live, the settlor could entrust the property management with his custody to the trustee. This type of fideicommissa might resemble a tutelary management of the property.
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| Free Research Field |
基礎法学
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