Legal Definitions - quarta Trebellianica

QUARTA TREBELLIANICA

The quarta Trebellianica is a Latin term that refers to the fourth portion of an inheritance that an heir could keep after transferring the rest of the inheritance as directed by the testator under a fideicommissum. This term comes from Trebellianus's senatus consultum, a legal decree from ancient Rome.

For example, if a testator left an inheritance to their three children under a fideicommissum, the children would have to transfer the inheritance to their own children after their death. However, they could keep the quarta Trebellianica, which was one-fourth of the inheritance.

Another example would be if a testator left an inheritance to their spouse under a fideicommissum. The spouse would have to transfer the inheritance to their children after their death, but they could keep the quarta Trebellianica.

The quarta Trebellianica was a way for heirs to retain a portion of their inheritance while still fulfilling the wishes of the testator. It was a common practice in ancient Rome and was used to ensure that the inheritance remained within the family. The examples illustrate how the quarta Trebellianica worked in different situations and how it allowed heirs to keep a portion of the inheritance while still following the testator's wishes.