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F Civil Law

Page history last edited by vfeliu@udc.edu 12 years, 8 months ago
(Return to Civil Law Glossary)
 
 
 
Falcidian portion  - The one-fourth portion of a succession that may be retained by the instituted heir in civil law if more than three-fourths of the succession was bequeathed to other legatees.  Etymology: from Falcidius, Roman tribune who proposed the law passed in 40 B.C. establishing the portion.  (From: "Falcidian portion." Merriam-Webster's Dictionary of Law. Merriam-Webster, Inc. 10 May. 2007. <Dictionary.com http://dictionary.reference.com/browse/Falcidian portion>.)  See LEGITIME.
 
 
 
Fidei commissa:
Fideicommissary Substitutions - Fideicommissary substitutions were, before the French revolution, a devise whereby a grantor could transfer property to his grantee with the condition that the grantee would transfer the property to a third party upon the happening of a certain condition. This restriction on property transfers is known in the common law as the problem of mortmain or “dead hand” control, which the common law regulated via the Rule Against Perpetuities. The Civil Code similarly bans fideicommissary substitutions. Substitutions that are prohibited are generally termed “substitutions.” They are different from vulgar substitutions, and are prohibited, except as permitted under laws relating to trusts.
Vulgar Substitutions/ Instituted heir or legatee - A vulgar substitution, which is allowed, is a direct substitution in which a testator provides for a substitute legatee, in the event that the first legatee, called the instituted heir or legatee, does not accept the legacy (or if the instituted heir predeceases the testator).
 
 
 
Forced heirs - Those persons who must receive a portion of a deceased's estate in a proportion set by law. (from www.la-legal.com)
 
 
 
Forced heirship - See LEGITIME.
 
 
 
Forced portion - The amount a forced heir must receive. Can be used interchangeably with "legitime." (from www.la-legal.com)
 
 
 
Fruits -  THINGS that are produced by or derived from another thing without diminution of its substance, and are either natural or civil fruits.
Natural Fruits - Products of the earth or animals.
Civil Fruits - Revenues derived from a thing by operation of law or by reason of a juridical act, such as rentals, interest, and certain corporate distributions.

 

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