IUS EMPHYTEUTICARIUM IUS TERTIUM SIT
IUS EMPHYTEUTICARIUM IUS TERTIUM SIT
Author(s): Malina Novkirishka- StoyanovaSubject(s): History, Law, Constitution, Jurisprudence, History of Law, Civil Law, Economic history, History of ideas, Ancient World, Philosophy of Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: emphyteuse; ius emphyteuticarium; ius in agro vectigali; ius collendi; ius perpetuum; Roman law
Summary/Abstract: The article is devoted to some discussion problems related to the characterization of ius emphyteuticarium, which appears to be too specific (sui generis) and different from the traditionally defined real law and law of obligation. For this reason, in the constitution of the emperor Zeno (CJ.4.66.1), from which the fragment that served as the title of the article, this right is called ius tertium. However, it is not an innovation in the post-classical period, but is the result of the development of the Roman legal concept of public property and its management since the archaic period, it has its design in the so-called duplex dominium during the time of the Republic and the Principate and passed into medieval law in the system of divided ownership (dominium divisum).
Journal: IUS ROMANUM
- Issue Year: 2022
- Issue No: 1
- Page Range: 305-337
- Page Count: 33
- Language: Bulgarian
