<<
>>

So far in this chapter, we have concerned ourselves with ownership (and, related thereto, possession) as the real right that accrued to a person in respect of his own property (ius in re propria).

We may now proceed to consider the real rights a person could enjoy in respect of property belonging to others (iura in re aliena)[481] style='font-size:9.5pt;font-family: "Times New Roman",serif;color:black;font-weight:bold'>[482]; in other words, rights imposing restrictions on the exercise of the rights of owner­ship by the owner.

The most important of such rights were servitudes, by virtue of which a person could use another's movable and/or immovable property to a greater or lesser degree. As real rights, servitudes were protected by an actio in rem that the holder of a servitude could institute against anyone who infringed upon his right.

Servitudes were divided into two general categories: praedial or real servitudes (servitutes rerum or praediales or reales); and personal servitudes (servitutes personarum orpersonales).201

3.5.1      

<< | >>
Source: Mousourakis G.. Fundamentals of Roman Private Law. Springer, 2012.— 366 p.. 2012

More on the topic So far in this chapter, we have concerned ourselves with ownership (and, related thereto, possession) as the real right that accrued to a person in respect of his own property (ius in re propria).:

  1. Chapter 11 Pipes and Property in the Sale of Real Estate (D.19.1.38.2)
  2. The Roman law of things (ius rerum) or, in contemporary terms, ‘property’, covered a muchbroader field than that encompassed by the modern law of property.
  3. Restitution for Improvements Made on Another Person's Property
  4. "Solutio propria", "in praecisa forma et specie obligationis"[3885] (to use the terminology of the European ius commune) has always been, and still is, the most important way of terminating obligations.
  5. Real contracts (contractus re) were agreements that became operative and binding on the transfer of possession or physical control of a tangible thing (res corporalis).
  6. The first person that after having built a fence around a piece of land, declared: This is mine, and found people simple-minded enough to believe him, was the real founder of society.
  7. CHAPTER V PROPERTY
  8. Chapter 3 The Law of Property
  9. CHAPTER 11 Real or Imagined Local Autonomy
  10. Possession
  11. Possession
  12. This chapter addresses the Roman law of ownership and the rights that modified it, including, for instance, the rights of predial servitude and usufruct.
  13. A contract is based on the consent of the parties thereto.
  14. Praetor’s Edict, Ius Honorarium, and Ius Novum
  15. Possession
  16. V. IUS jNATURALE, IUS GENTIUM