The Historical Background of the Regulation of Fideicommissary Substitution in Romania

Abstract

The institution of fideicommissary substitution (substitutio fideicommissaria) has undergone significanttransformations in Romanian law, reflecting amendments to the civil codes and shifting legislative priorities. Initially regulated by the Calimach Code (1817–1865), it was then expressly prohibited by the Civil Code of 1864 and thus lacked statutory recognition for more than a century. The Civil Code currently in force (entered into force in 2011) reintroduced the institution in a modernized form adapted to contemporary legal needs. This article traces the historical development of fideicommissary substitution in Romania, analysing its Roman law roots and both its earlier and current regulation.