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If a person transferred his property to another on condition that it should be restored to him, this contract was called fiducia, and the person to whom the property was so transferred was said fiduciam accipere. A man might transfer his property to another for the sake of greater security in time of danger, or for other sufficient reason. The contract of fiducia or pactum fiduciae also existed in the case of pignus, and in the case of mancipation. (See Emancipatio.) The hereditas itself might be an object of fiducia. The trustee was bound to discharge his trust by restoring the thing; if he did not, he was liable to an actio fiduciae or fiduciaria, which was an actio bonae fidei. If the trustee was condemned in the action, the consequence was infamia.

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