emphyteusis


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emphyteusis

in Roman law an agricultural lease granted for a long time or in perpetuity but requiring payment of rent.
References in periodicals archive ?
Non enim dicimus dominium transferri in beneficiarium, sed tantum datur ei fundus fruendus, sicut dicitur de emphyteusi. Sed Obertus ostendit in hoc cap.
(102) Europe, drawing on the ancient regulatory vehicle of emphyteusis, permits a planning process which is democratic by allowing affected parties to be involved in the establishment of conditions and restrictions on the use of land.
(191) Barry Nicholas observes that superficies and emphyteusis "were admitted to the private law too late for any theoretical account....
(187) Most importantly, paragraph 248(3)(e) does not, for these purposes, deem property in relation to which a person has possession, use, and risk to be beneficially owned by that person, limiting this status to a situation where a person "has in relation to the property (i) the right of ownership, (ii) a right as a lessee under an emphyteusis, or (iii) a right as a beneficiary in a trust." (188) Thus, while the provision assimilates various civil law relationships to the common law concept of beneficial ownership, it does not import the common law concept of beneficial ownership into the application of the ITA in relation to the Province of Quebec.
Florez says about his doctrine: "There is no basis to assert it coincides with the socialists, the communists or the Saint Simon-ists; each of these groups want to destroy property rights, whereas I see [property] rights as the root for all the goods man enjoys." But then he goes on to add: "Property rights are equally destroyed by those who, after stating that labor is the principle of every society, wealth, and law, stumble into the inconsistency of also claiming that land, product of the Creator, can be sold or appropriated." He comments on emphyteusis, a system "most in keeping with the many invented to bring prosperity to society ...
Instead, she leveraged her capital by spending it to reclaim property received in the form of donations or, in some cases, in emphyteusis. (50) Apparently her husband Alfonso also gave her part or all of other properties, such as La Redena and Sammartina.
(1) Nota de la asistencia de edicion: La enfiteusis (del griego emphyteusis, procedente del griego [TEXTO IRREPRODUCIBLE EN ASCII], <<instauracion>> o <<implantacion>>), tambien denominado censo enfiteutico, es un derecho real que supone la cesion del dominio util de un inmueble, a cambio del pago anual de un canon, y de un laudemio por cada enajenacion de dicho dominio.
(24.) <<Augeatur episcopi facultas alienandi bona ecclesiastica (redimendi census, emphyteusis, etc.).
The law defines an owner as one having the full right of ownership and/or the right to any part of a dismemberment of the right of ownership, such as the usufruct, the use, the servitude and the emphyteusis of the property.
Emphyteusis, the practice of leasing land with the possibility of creating additional layers of subtenancy, was one such mechanism of expanding or insuring holdings.
His training for the priesthood was conducted in antiquated language and concepts - wanting to impress his friend Baillie he listed his present occupation as: 'Emphyteusis, laud-emium, mohatra, antichresis, hypotheca, servitus activa et passiva.'
Minister for Transport, Infrastructure and Capital Projects Ian Borg and Parliamentary Secretary for Planning and the Property Market Chris Agius announced a new scheme for the redemption of emphyteusis and the purchasing of residential properties which will be affecting around 5,000 families.