Cheatography
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Common questions asked in a roman law exam.
This is a draft cheat sheet. It is a work in progress and is not finished yet.
Ways a Servitude Can Be Extinguished
1. Property is destroyed or changed |
2. Confusio |
Merger; ownership of multiple tenements become vested into one person's hands. |
3. By expiry |
When a servitude has been granted for a stated amount of years. |
4. Death |
Usufructus ends with the death of its owner. |
5. Remission |
Surrender; by in jure cessio or agreement. |
Personal Servitudes; usufructus, usus and habitato
Usufructus |
The right to use and enjoy the use, fruits and advantages of someone else's property, as long as the character of the property is not changed. |
Usus |
A usufructus without the right to take the fruits; it is limited to the wants of the usuarius and his family. |
Habitato |
The right to use someone else's house |
3 Duties of Usufructuary
1. Promising the owner that the property will be restored when the usufructus ends. |
2. Taking care of the property and not change the character of the building. |
3. The Usufructuary could not alienate the usufruct right. |
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Emphyteusius
A grant of full rights of ownership over the land of another in perpetuity or for a long time on the condition that annual rent is paid. |
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