英文法律词典 F-18

FICTITIOUS¹ PAYEE, contract. A supposed person; a payee, who has no existence.

2. When the name of a fictitious payee has been used, in making a bill of exchange, and it has been endorsed² in such name, it is considered as having the effect of a bill payble to bearer, and a bona fide holder³, ignorant of that fact, may recover on it, against all prior parties who were privy⁴, to the transaction. 2 H. Bl. 178, 288; 3 T. R. 174, 182, 481; 3 Bro. C. C. 238. Vide Bills of Exchange, §1.

FIDEI-COMMISSARY, civil law. One who has a beneficial interest in an estate, which, for a time, is committed to the faith or trust of another. This term has nearly, the same meaning as cestui que trust has in our law. 2 Bouv. Inst. n. 1895, note.

FIDEI-COMMISSUM, civil law. A gift which a man makes to another, through the agency of a third person, who is requested to perform the desire of the giver. For example, when a testator writes, "I institute for my heir, Lucius Titius," he may add, "I pray my heir, Lucius Titius, to deliver, as soon as he shall be able, my succession to Caius Seius: cum igitur aliquis scripserit Lucius Tilius heres esto; potest ajicere, rogo te Luci Titi, ut cum poteris hereditatem meam adire, eam Caio Sceio reddas, restituas. Inst. 2, 23, 2; vide Code 6, 42.

2. Fidei-commissa were abolished in Louisiana by the code. 5 N. S. 302.

3. The uses of the common law, it is said, were borrowed from the Roman fidei-commissum. 1 Cru. Dig. 388; Bac. Read. 19; 1 Madd. Ch. 446-7.

4. The fidei-coimmissa of the civil law, have been supposed to resemble entails⁵, though some writers have declared that the Roman law was a stranger to entails. 2 Bouv. Inst. n. 1708.

FIDE-JUSSIO, civil law. The contract of suretyship.

FIDE-JUSSOR, civil law. One who becomes security for the debt of another, promising⁶ to pay it in case the principal does not do so.

2. He differs from co-obligor in this, that the latter is equally bound to a debtor⁷ with his principal, while the former is not liable till the principal has failed to fulfil his engagement. Dig. 12, 4, 4; Id. 16, 1, 13; Id. 24, 3, 64; Id. 38, 1, 37; Id. 50, 17, 110, and 14, 6, 20; Hall's Pr. 33; Dunl. Ad. Pr. 300; Clerke's Prax. tit. 63, 4, 5.

3. The obligation of the fide-jussor was an accessory contract, for, if the principal obligation was not previously⁸ contracted, his engagement then took the name of mandate⁹. Lec. Elem. §872; Code Nap. 2012.

FIDUCIA, civil law. A contract by which we sell a thing to some one, that is, transmit to him the property of the thing, with the solemn forms of emancipation¹⁰, on condition that he will sell it back to us. This species of contract took place in the emancipation of children, in testaments¹¹, and in pledges. Poth. Pand. h. t.