The incomprehensible use as sinonymus of two differents legals Instruments: fideicommissum and trusteeship estate

Abstract

By the establishment of the Law 41/2003 of Patrimonial Protection of Persons with Disabilities the trusteeship estate became in 2003 one of the most important concept of Spanish Succession Law. It was chosen by the legislature in 2003 as a legal instrument and this is how, for the first time, the sacred and historie principle of the intangibility of legislation was violated. So the Spanish doctrine and the Supreme Court must leave the use as sinonymus the fideicommissum and the trusteeship estate, because in reality are two differents legals instruments.