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一、罗马遗产信托的含义对于罗马法中的遗产信托,盖尤斯在其《法学阶梯》中从运作脉络和程序的角度做了较为详细的解释,遗憾的是,他并没有对其进行概括和总结。不过,优士丁尼在其《法学阶梯》中倒是对遗产信托作了比较精练的说明,他是这样看待遗产信托的:“当某人欲以遗产或者遗赠物给他所不能直接给的人时,他便通过信托那些能够依遗嘱获得遗产的人来实现之。之所以将其称为遗产信托,是因为他不能以法律去制约任何人,而只能依靠他所委托的人的诚信来进行制约。”另外,乌尔比安在《论遗产信托》中也对遗产信托作出了概括性的解释,他认为:“遗产信托是为遗嘱人在自己死亡以后将其财物转给他人而设立的。
First, the meaning of the Roman Heritage Trust For Roman law trust, Geeus in its ”legal ladder“ from the operational context and procedures point of view made a more detailed explanation, unfortunately, he did not summarize And concluded. However, in his ”Legal Ladder,“ Uzbekistan made an elaborate account of the trust of the estate, as he did with the trust of the estate: ”When a person desires to leave a legacy or bequest to someone whom he can not give directly He would do so by trusting those who could obtain the will by will, which he called the Legacy Trust because he could not legally restrain anyone but only by the integrity of the person he was entrusted with . “” In addition, Urbian also gave a general explanation of the estate trust in the “On Heritage Trust,” which he held: "The Heritage Trust is the place where the trust of the testator passes his belongings to others after he dies Set up