What is fidei-commis?

Fidei commis is a legal concept that originated in ancient Roman law and is still used in some countries today. It refers to a legal arrangement where property or assets are passed down from one generation to the next in a controlled way, with specific instructions and limitations on how the assets can be used.

In a fidei commis arrangement, the original owner of the property (known as the "testator") leaves the assets to a designated person (known as the "fiduciary"), with instructions to transfer the assets to a specific beneficiary (known as the "fidei commissary"). The fiduciary is responsible for managing the assets and ensuring they are passed down to the fidei commissary as instructed by the testator.

Fidei commis is often used to control how assets are used and to ensure they remain within a family or clan. It can also be used to protect assets from being sold or squandered by future generations.

While fidei commis may be useful in some situations, it can also be controversial, as it may restrict the freedom of future generations to use or dispose of family assets as they see fit. Laws surrounding fidei commis vary by country, and in some places, this legal concept has been abolished altogether.