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Dominum Utile
means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: * Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a holder in life tenure has ''dominium directum'' but not '' dominium utile'', because he may control the property but not exhaust its resources. This is to be distinguished from allodial right or fee simple ( dominium plenum) and the right retained by the grantor of the life estate who holds the rights to the utilization of the land's resources (''dominium utile''). *Dominium directum et utile – The complete and absolute dominion in property; the union of the title and the exclusive use. Equivalent in nature to '' dominium plenum'' or ''fee simple''. * – The right of eminent domain. * . – Ownership cannot be held in suspense/; property cannot float in an uncertainty. * – Full or complete ownership of an estate; "fee simple ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Maxim
A legal maxim is an established principle or proposition of law, and a species of aphorism and general maxim. The word is apparently a variant of the Latin , but this latter word is not found in extant texts of Roman law with any denotation exactly analogous to that of a legal maxim in the Medieval or modern definition, but the treatises of many of the Roman jurists on and are to some degree collections of maxims. Most of the Latin maxims originate from the Medieval era in European states that used Latin as their legal language. The attitude of early English commentators towards the maximal of the law was one of unmingled adulation. In Thomas Hobbes, ''Doctor and Student'' (p. 26), they are described as of the same strength and effect in the law as statutes. Not only, observes Francis Bacon in the preface to his collection of maxims: The use of maxims will be "in deciding doubt and helping soundness of judgment, but, further, in gracing argument, in correcting unprofitable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Latin
A number of Latin terms are used in law, legal terminology and legal maxims. This is a partial list of these terms, which are wholly or substantially drawn from Latin. __TOC__ Common law Civil law Ecclesiastical law See also * Brocard (law) * Byzantine law * Code of Hammurabi * Corpus Juris Canonici * International Roman Law Moot Court * Law French * List of Latin abbreviations * List of Latin phrases (full) * List of fallacies * List of Philippine legal terms * List of Roman laws * Twelve Tables Notes References * Gabriel Adeleye & Kofi Acquah-Dadzie. ''World Dictionary of Foreign Expressions: A Resource for Readers and Writers''. Ed. by Thomas J. Sienkewicz & James T. McDonough, Jr. Wauconda, Ill.: Bolchazy-Carducci Publishers, 1999. * Ruben E. Agpalo. ''Agpalo’s Legal Words and Phrases''. Manila, Philippines: Rex Book Store, 1997. * Harold Rudolf Walraven Gokkel & Nicolaas van der Wal. ''Juridisch Latijn'', 6th edn. Deventer: Kluwer, 2001. * V.G. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominium Directum Et Utile
''Dominium directum et utile'' is a legal Latin term used to refer to the two separate estates in land that a fief was split into under feudal land tenure. This system is more commonly known as ''duplex dominium'' or double domain. This can be contrasted with the modern allodial system, in which ownership is full and not divided into separate estates—a situation known as ''dominium plenum'' "full ownership". Definitions ''Dominium directum et utile'' is composed of: *''Dominium directum'' (or eminent domain, superiority): the landlord's estate consisting of the right to dispose of property and to collect rents (feu-duty) and feudal incidents (fees, services, etc.) accruing from it. *''Dominium utile'' (or utile domain): the tenant's estate encompassing the rights to enjoy (use), make improvements to, or profit from property, and to keep the income or profit; includes e.g. the right to occupy and dwell on land and the right to keep the ''fructus naturales'' and emblements from ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominium Utile
''Dominium directum et utile'' is a legal Latin term used to refer to the two separate estates in land that a fief was split into under feudal land tenure. This system is more commonly known as ''duplex dominium'' or double domain. This can be contrasted with the modern allodial system, in which ownership is full and not divided into separate estates—a situation known as ''dominium plenum'' "full ownership". Definitions ''Dominium directum et utile'' is composed of: *''Dominium directum'' (or eminent domain, superiority): the landlord's estate consisting of the right to dispose of property and to collect rents (feu-duty) and feudal incidents (fees, services, etc.) accruing from it. *''Dominium utile'' (or utile domain): the tenant's estate encompassing the rights to enjoy (use), make improvements to, or profit from property, and to keep the income or profit; includes e.g. the right to occupy and dwell on land and the right to keep the ''fructus naturales'' and emblements from ag ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Allod
In the law of the Middle Ages and early Modern Period and especially within the Holy Roman Empire, an allod (Old Low Franconian ''allōd'' ‘fully owned estate’, from ''all'' ‘full, entire’ and ''ōd'' ‘estate’, Medieval Latin ''allodium''), also allodial land or allodium, is an estate in land over which the allodial landowner (allodiary) had full ownership and right of alienation. Description Historically holders of allods are a type of sovereign. Allodial land is described as territory or a state where the holder asserted right to the land by the grace of god and the sun. For this reason they were historically equal to other princes regardless of what the size of their territory was or what title they used. This definition is confirmed by the acclaimed Jurist Hugo Grotius, the father of international law and the concept of sovereignty. "holders of allodial land are sovereign" because allodial land is by nature free, hereditary, inherited from their forefathers, sov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fee Simple
In English law, a fee simple or fee simple absolute is an estate in land, a form of freehold ownership. A "fee" is a vested, inheritable, present possessory interest in land. A "fee simple" is real property held without limit of time (i.e., permanently) under common law, whereas the highest possible form of ownership is a "fee simple absolute," which is without limitations on the land's use (such as qualifiers or conditions that disallow certain uses of the land or subject the vested interest to termination). The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional. History The word "fee" is related to the term fief, meaning a feudal landhol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominium Plenum
means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: * Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a holder in life tenure has ''dominium directum'' but not '' dominium utile'', because he may control the property but not exhaust its resources. This is to be distinguished from allodial right or fee simple (dominium plenum) and the right retained by the grantor of the life estate who holds the rights to the utilization of the land's resources (''dominium utile''). *Dominium directum et utile – The complete and absolute dominion in property; the union of the title and the exclusive use. Equivalent in nature to ''dominium plenum'' or ''fee simple''. * – The right of eminent domain. * . – Ownership cannot be held in suspense/; property cannot float in an uncertainty. * – Full or complete ownership of an estate; "fee simple". ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Life Estate
In common law and statutory law, a life estate (or life tenancy) is the ownership of immovable property for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person. The owner of a life estate is called a "life tenant". In the combined jurisdiction of England and Wales since 1925 a freehold estate intended to be 'held' as a life interest takes effect only as an interest enjoyed in equity, specifically as an interest in possession trust. The other type of land ownership is leasehold and although most long leases are for a period of between 99 and 999 years 'leases for life' will be interpreted in often unpredictable ways as either as a licence or a lease. Principles The ownership of a life estate is of limited duration because it ends at the death of a person. Its owner is the life tenant (typically also the 'measuring life') and it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain
Eminent domain (United States, Philippines), land acquisition (India, Malaysia, Singapore), compulsory purchase/acquisition (Australia, New Zealand, Ireland, United Kingdom), resumption (Hong Kong, Uganda), resumption/compulsory acquisition (Australia, Barbados, New Zealand, Ireland, United Kingdom), or expropriation (Argentina, Belgium, Brazil, Canada, Chile, Denmark, Finland, France, Germany, Greece, Italy, Mexico, Netherlands, Norway, Panama, Poland, Portugal, Russia, South Africa, Spain, Sweden, Serbia) is the power of a state, provincial, or national government to take private property for public use. It does not include the power to take and transfer ownership of private property from one property owner to another private property owner without a valid public purpose. This power can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized by the legislature to exercise the functi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duorum In Solidum Dominium Vel Possessio Esse Non Potest
Duorum in solidum dominium vel possessio esse non potest is Latin legal term meaning "Sole ownership or possession cannot be in two persons" / "Two persons cannot own or possess a thing in the entirety." It is a variation of a more popular Latin legal phrase, which is attested to in Coke's Institutes: Duo non possunt in solido unam rem possidere: "Ownership of a whole cannot be shared; right of ownership must be divided into portions." See also * Roman law * civil law (legal system) * dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal Latin: *Dominium directum – Direct ownership, that is control of the property, but not necessarily with right to its utilization or alienation. For example, a ... * in solido References Latin legal terminology {{Latin-legal-phrase-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heerlijkheid
A ''heerlijkheid'' (a Dutch word; pl. ''heerlijkheden''; also called ''heerschap''; Latin: ''Dominium'') was a landed estate that served as the lowest administrative and judicial unit in rural areas in the Dutch-speaking Low Countries before 1800. It originated as a unit of lordship under the feudal system during the Middle Ages. The English equivalents are '' manor'', ''seigniory'' and ''lordship''.. The translation used by J.L. Price in ''Dutch Society 1588-1713'' is "manor"; by David Nicholas in ''Medieval Flanders'' is "seigneury". The German equivalent is ''Herrschaft''. The ''heerlijkheid'' system was the Dutch version of manorialism that prevailed in the Low Countries and was the precursor to the modern municipality system in the Netherlands and Flemish Belgium. Characteristics and types A typical ''heerlijkheid'' manor consisted of a village and the surrounding lands extending out for a kilometre or so. Taking 18th-century Wassenaar as an example of a large ''hoge heerlij ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Usufruct
Usufruct () is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''use'') is the right to use or enjoy a thing possessed, directly and without altering it. * '' Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership. Generally, a usufruct is a system in which a person or group of persons uses the real property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
