KONCEPT I PRAVNA PRIRODA PLODOUŽIVANJA U RIMSKOJ PRAVNOJ TRADICIJI
THE CONCEPT AND LEGAL NATURE OF USUFRUCT IN THE ROMAN LEGAL TRADITION
Author(s): Mirza HebibSubject(s): History of Law, Sociology of Law, Roman law
Published by: Pravni fakultet Sveučilišta Josipa Jurja Strossmayera u Osijeku
Keywords: usufruct; ususfructus; Roman law; Roman legal tradition; civil law; glossators; post-glossators; emphyteusis; feudal law; pars dominii;
Summary/Abstract: The concept of usufruct as an independent right, ius in re aliena, was not questioned in Justinian’s sources, while on the other hand, its systematisation, development, and legal nature in analyses of classical law were the subject of serious debates among Romance experts, mainly in Italian Romance studies from the beginning of the 20th century. Some experts in Romance studies understood usufruct as pars dominii, i.e. part of the property right that the owner retains for himself, thereby denying him the position of a special right. Such a concept originates from the glossator and post-glossator schools and, the paper analyses strong reflections of their teaching on contemporary legal doctrine. The paper deals with the concept and definition of usufruct and conducts analysis into the legal sources and reasons that led to differences in the understanding of the legal nature of the institute in the Roman legal tradition.
- Issue Year: 40/2024
- Issue No: 1
- Page Range: 31-53
- Page Count: 23
- Language: Bosnian
