УНИВЕРЗАЛНОСТ ПРАВИЛА РИМСКОГ ПРАВА ВЕЗАНИХ ЗА ИНСТИТУТ СЛУЖБЕНОСТИ
UNIVERSAL NATURE OF ROMAN LAW RULES RELATED TO THE SERVITUDE INSTITUTE

Summary/Abstract: Some rules from the ancient times, for example, from the anceint Egypt, contained some forms of the servitude. Yet, it was Roman law that developed this institute to its fullest form. Of course, this development was slow and gradual. It started with the land servitudes, first referring to rural and then to urban areas. In the classical period, personal servitudes were developed. Although all these rights belong to different categories, they were, nevertheless, all classified into a single institute. The achievement of classifying rather different rights into one category can be attributed to Gaius, the great Roman jurist. The Roman law rules related to ser vitudes became, through reception, the constituent part of many great bourgeois codification, almost in their original form. These rules entered our Serbian Civil Code of 1844, and subsequently became the part of many subsequent Serbian laws which regulate property relations, including the latest „Draft of the Law on property and other related rights“. This all gives us the right to speak about the universal nature of Roman law rules related to the servitude institute.

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