emphyteusis


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emphyteusis

(ˌɛmfɪˈtjuːsɪs)
n
(Law) property law a continual right in a property that belongs to another
Translations
References in periodicals archive ?
Roman jurists developed the conceptual framework of property without taking into account mortgage, pledge, superficies (the right to construct and use a major fixture like a building on others' land), and emphyteusis (like a permanent leasehold).
contemplates various "dismemberments" of ownership in the form of a usufruct, use, servitude, or emphyteusis, these dismemberments do not transfer ownership itself, which remains with the original owner subject to the right or charge created by the dismemberment.
Florez relied on Locke and the Spanish liberal tradition and made liberal statements on a number of topics, from trade, production, public debt, and paper money to press and religious freedom, but he did not support all private property, recommending emphyteusis in land and stating that land is not legitimate property (emphyteusis is a prolonged or even perpetual fight to a landed estate that belongs to another).
Instead, she leveraged her capital by spending it to reclaim property received in the form of donations or, in some cases, in emphyteusis.
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).