Феудална својина
Feudal Property

Summary/Abstract: The term ,,property‘‘ has frequently been additionally qualified (,,private‘‘, ,,collective‘‘, etc.) due to its broad usage in various non-legal contexts. However, ,,property‘‘ is, in its legal sense, a unique technical notion, inherited with no essential changes from the Roman law. It is the Medieval theory of dual property (dominium directum and dominium utile) that gave rise to a widespread belief that the ,,feudal property‘‘ is the only alternative which deserves to be qualified as a ,,concept‘‘. Relying on the research by Lautz, Meynial and Feenstra, the author concludes that the relationship between the Medieval theory of dual property and the feudal land-based relationships is not as easy as it may seem at first. The theory of dominium utile has been created by Roman law jurists, primarily aimed at logical and consistent interpretation of Roman terms, with due respect to the original terminology, despite the terminological mess and dogmatic ambiguity of Roman texts. It is only with French jurists of the 13th and 14th centuries that this theory was given such a form which was capable of adequately expressing all the complexity of the feudal agrarian system and the Medieval perception of property.

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