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Juridical Nature of the Trustee Substitutions

Abstract

Before the actual analysis of the juridical nature of trustee substitutions, the material presents the trustee substitutions notion, the origin and the evolution of this institution, starting with the Roman law, and also the justification of the trustee substitution prohibition. The trustee substitution may be defined as a stipulation contained in the liberality document (donation or will) by means of which the owner forces the beneficiary of the liberality (donor or heir), called instituted or taxed (fiduciary), to keep the received goods and to transmit them, totally or partially, at his or her death, to another person, called substituted (trustee), also established by the owner.juridical nature, trustee substitution, liberality document, beneficiary of the liberality

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