THE SERVITUTES AS RES INCORPORALES IN ROMAN PROPERTY LAW
THE SERVITUTES AS RES INCORPORALES IN ROMAN PROPERTY LAW

Summary/Abstract: The Roman servitudes are one of the most interesting property-law institutes. However, because of the primacy that is often given to property, it seems often unjustified that they are often overlooked. This analysis, in this sense, will try to elaborate on an interesting aspect in detail, so that we will see the servitudes from a different angle. The main purpose of this paper is to analyze the legal nature of Roman servitudes. Bearing in mind the fact that they are iura in re aliena, the paper will focus on several aspects related to servitudes that indicate that they can be treated as res incorporales. In this sense, the elaboration of the ways of establishing (acquiring) the servitudes, as well as the termination and their legal protection, clearly show that these are real rights of res incorporales. The paper also contains a brief overview of the solutions in Macedonian positive law related to the abovementioned issues. This reaffirms the unbreakable link between the Roman and modern institutes in the field of property law.

• Details
• Contents