The limitations in the form of "participation rights", started in the pre-revolutionary period, were not actually needed by the Soviet civil law because of significant nationalisation of property, lack of servitude structures, emphyteusis
and superficies in the Soviet civil law.
Andrei Radulescu tries to make a comparative study on the basis of which he indicates similarities regarding the institution of the family (organization, the rights of the father over his children, the power of a man over his wife, the situation of the husband's wealth, adoption, disinheritance, etc.); the regime of the property (ownership, usufruct, easements); obligations and contracts (mutual agreement, transfer by delivery, agreement by shaking hands, earnest money, resolutive clause, emphyteusis
); serfdom (colonate); successions (oral testament, equality between heirs of blood); trial proceedings (summoning, avoidance of judgment in absentia).
. (Conforme http://www.aulete.com.br/enfiteuse#ixzz3VzUz5Cb8.
(13) Civil law recognises a limited list of proprietary interests such as ownership, emphyteusis
(long lease), (14) the right of use and the right of habitation.
." (150) Most civil law jurisdictions have codified the
In verbis: "The civil law systems recognize many types of split ownership, joint ownership, servitudes, usufruct, usus, habitation, pledge, mortgage, antichresis, lease, and emphyteusis
, and modern French Law permits the substantial equivalente of almost every type of future interest known to the common laW (Property and trust: trust.
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).
(178) Holding a real right in immovable property entails the enjoyment of this property: see arts 947 (on ownership), 1120 (usufruct), 1172 (use), and 1195 (emphyteusis
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).