Original scientific paper
https://doi.org/10.25234/pv/28836
THE CONCEPT AND LEGAL NATURE OF USUFRUCT IN THE ROMAN LEGAL TRADITION
Mirza Hebib
orcid.org/0000-0002-3571-6768
; Faculty of Law, University in Sarajevo, Obala Kulina bana 7, 71000 Sarajevo, Bosnia and Herzegovina
*
* Corresponding author.
Abstract
The concept of usufruct as an independent right, ius in re aliena, was not questioned in Justinian’s sources, while on the other hand, its systematisation, development, and legal nature in analyses of classical law were the subject of serious debates among Romance experts, mainly in Italian Romance studies from the beginning of the 20th century. Some experts in Romance studies understood usufruct as pars dominii, i.e. part of the property right that the owner retains for himself, thereby denying him the position of a special right. Such a concept originates from the glossator and post-glossator schools and, the paper analyses strong reflections of their teaching on contemporary legal doctrine. The paper deals with the concept and definition of usufruct and conducts analysis into the legal sources and reasons that led to differences in the understanding of the legal nature of the institute in the Roman legal tradition.
Keywords
usufruct; ususfructus; Roman law; Roman legal tradition; civil law; glossators; post-glossators; emphyteusis; feudal law; pars dominii
Hrčak ID:
316723
URI
Publication date:
30.4.2024.
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