emphyteusis and superficies

emphyteusis and superficies

      in Roman law, leases granted either for a long term or in perpetuity with most of the rights of full ownership, the only stipulation being that an annual rent be paid and certain improvements made to the property. Both originated in the early empire and were initially granted by the state, the former for agricultural purposes, the latter for building on land. The main purpose was to encourage individuals to develop land without the threat of removal once the development was finished. Even before the time of Hadrian (early 2nd century AD) the rights of emphyteusis and superficies began to be granted by private persons. They could be inherited, were transferable, and were protected in the courts. The basic principles and form of emphyteusis and superficies have survived in modern times in many civil-law countries.

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Universalium. 2010.

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  • Roman Law —     Roman Law     † Catholic Encyclopedia ► Roman Law     In the following article this subject is briefly treated under the two heads of; I. Principles; II. History. Of these two divisions, I is subdivided into: A. Persons; B. Things; C. Actions …   Catholic encyclopedia

  • condominia — /kondaminiya/ In the civil law, co ownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypotheca, ususfructus usus, and habitatio. These were more than mere jura in re aliena, being portion of the dominium itself, although …   Black's law dictionary

  • condominia — /kondaminiya/ In the civil law, co ownerships or limited ownerships, such as emphyteusis, superficies, pignus, hypotheca, ususfructus usus, and habitatio. These were more than mere jura in re aliena, being portion of the dominium itself, although …   Black's law dictionary

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