This chapter addresses the Roman law of ownership and the rights that modified it, including, for instance, the rights of predial servitude and usufruct.
Classic Roman jurists focused on private property over other kinds, such as sacred property and public property. Their doctrine of ownership was so influential that it has prevailed for centuries and even now, although very much re-elaborated, maintains a substantial presence in the legal systems of the civil law tradition and in the realm of international law. There are even similarities to English property law, although English common law developed separately, based largely on feudal law.
More on the topic This chapter addresses the Roman law of ownership and the rights that modified it, including, for instance, the rights of predial servitude and usufruct.:
- The law of succession addresses the legal destiny of a person’s rights and duties after his death.
- The tension between ‘public seeds' and IPRs: ownership as a factor of rights imbalance
- Acceptance that there simply are no transcendent, objective, mind-independent moral values would seem to bear on how one comprehends rights, more particularly moral or non-legal rights.
- The concept, sketched in the preceding chapter, of the obligatio as being a strictly personal bond between the two parties who had concluded the contract found highly characteristic expression in the fact that Roman law did not recognize contracts in favour of third parties, (direct) agency and the cession of rights.
- This chapter addresses the spirit, style, and character of the Roman jurists, the true architects of the Roman legal system.
- This introductory chapter addresses broad topics and general ideas that overarch the entire Roman legal tradition.
- Chapter Nine Non-Legal Rights: Human or Humean?
- The status of Convention rights in English law
- Statute law other than the Human Rights Act1998
- Protection of human rights by the common law