ABSTRACT

The interest of society demands that property can be dispersed1 in the same manner as it is accumulated, and that, through quick circulation, all in turn can enjoy a wealth that is produced by all through their labor. Society prospers by everyone’s effort to increase his wealth, but it suffers from the moment where this activity ceases, and it is at its expense when a system that should be progressive for the good of all is made stationary. The laws of monarchies have permitted entails of many types, the creation of fiefs, the foundation of commanderies in religious and military orders, the creation of simple family trusts, majorats, trusts in favor of a second son, or the daughter. The founder of an entail has always exempted a part of his property, not in any way subjected to the chains of the fideicommis or the majorat, which he divides equally among his children.