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Fiduciarity ( lat. Fiducia "trust", "self-confidence", "pledge"; fiduciarius "entrusted in good faith") denotes fiduciary ownership of a thing as well as the fiduciary ownership of a claim or another right. This means that an item transferred in trust must later be returned to someone else. A fiduciary heir is, for example, a temporary legatee or usufructuary heir who has to hand over the inheritance to the Fideikommissar .

Property law

In the banking industry, fiduciary collateral, in contrast to accessory collateral, is a non-accessory collateral that is not dependent on the existence of a claim or liability, but which may only be realized if the debtor is in default . Such security interests are the subject property , the collateral property , the acquired to secure receivables (backup recession ) and the mortgage . Non-accessory collateral remains in place, even if the original claim has been repaid, and can therefore be used as collateral for new liabilities. For which claims the security can serve, results from a security agreement under the law of obligations .

See also


  • Max Kaser : The beginnings of manumissio and fiduciary property , in: Journal of the Savigny Foundation for Legal History, Romance Department, Volume 61 (1941), Issue 1, pp. 153-186
  • Karlheinz Muscheler , Anke Schewe, Dieter Krimphove: BGB III: Credit Security Law , Munich 2011

Web links

Wiktionary: fiduciary  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ Loan collateral ( Memento of the original from March 4, 2016 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. , in: Finanzmanagement / Finanzwirtschaft, Online Textbook, Chapter 2 Market Processes  @1@ 2Template: Webachiv / IABot /