Emphyteusis
idea · 2 works · 3 mentions · 3 anchored passages
emphyteusis · Emphyteuta's tenure · actio vectigalis in rem · ager emphyteuticus · jus in agro vectigali
in the texts
Institutes of Roman Law
A perpetual or long-term grant of land for rent, later recognized as a contract sui generis.
Like pignus, emphyteusis is a combination of jus in personam and jus in rem;
Emphyteusis resembled locatio-conductio in that the property remained in the grantor, to whom a rent was payable and who in certain events might recover the land;
Where Gaius speaks of ager vectigalis, Justinian speaks of ager emphyteuticus or emphyteuticarius, because in his days the rules of these two kinds of tenure had been entirely assimilated.
Ancient Law
An equitable Roman form of perpetual leasehold tenure held to be a precedent for feudal property.
We have, therefore, in the Emphyteusis a striking example of the double ownership which characterised feudal property, and one, moreover, which is much simpler and much more easily imitated than the juxtaposition of legal and equitable rights.