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 ?
It remained unclear to the NAO who instructed and authorised the assimilation of the foreshore with that of the expired emphyteusis.
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.
He comments on emphyteusis, a system "most in keeping with the many invented to bring prosperity to society .
70) The grant of an investiture was a form of ownership, known as emphyteusis, or livello.
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.
Where others have regarded emphyteusis as merely another form of seigneurial exploitation, Aventin shows how accumulating leases and then subleasing them out was used by peasants to set themselves up in effect as small-scale landlords.
Yet other, equally problematic, manifestations of title security are either not examined in detail (most notably, the seller's legal right of resolution), or not directly discussed at all (sales under resolutory condition, sales under suspensive condition, ordinary leases, leases with option to purchase, and promises of sale, as well as various two-step transactions like double sales and sale-leaseback arrangements, and the deployment of rights of superficies or emphyteusis as security).