Original scientific paper
Dominium utile in the Texts of Archdeacon Ivan Gorički (1334)
Magdalena Apostolova Maršavelski
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Some articles in Statuta capituli zagrabiensis (1334) regulated the contents of rights and duties of vassals (praediales) and emphyteutas – holders of dominium utile. The drafter of these articles, Ivan Gorički studied in some of the law schools of northern Italy and finished his studies not much later than the results of the first Bologna School were presented in Glossa ordinaria, and before Bartolus de Saxoferrato, his younger contemporary, had structured his analysis of the medieval land property relations into a dogmatic system. These texts represent further evidence that the distinction dominium directum - dominium utile has its origin in the activities of the glossators’ school – which is, anyway, the prevailing attitude of the contemporary Roman law scholarship.
This Article deals with the legal position of both holders of dominium utile (praediales and emphyteutas) – although they had similar rights, the source reveals that they were different in many ways. After further analysis of the source, the author concludes that the emphyteutas were awarded with more rights than expected, due to the actual economic circumstances and the necessity to attract them to the uncultivated areas of Kaptol’s territory.
Keywords
Archdeacon Ivan Gorički; Statuta capituli Zagrabiensis; dominium utile; predialists; emphyteutas
Hrčak ID:
116269
URI
Publication date:
30.12.2013.
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