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Fructus (Roman Law)
''Fructus'' (Latin for "fruits") is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool. There is some debate whether profits arising from other legal actions, such as loan interest, can be considered ''fructus'' – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways. Right to ''fructus'' In ancient Rome, right to collect ''fructus'' was considered an integral right of the owner. Ancient jurisprudents often commented on the right to ''fructus'' in various situations. It was generally agreed on that until separation from its core object, ''fructus'' remained a part of that object; upon disconnection, they became property of the owner under normal conditions.Kolańczyk, p. 308 There existed various exceptions to that general rule: * A person ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law forms the basic framework for Civil law (legal system), civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of List of legal Latin terms, Latin legal terminology in many legal systems influenced by it, including common law. After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek. ''Roman law'' also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. It is implied in a number of contract types in order to reinforce the express covenants or promises of the contract. A lawsuit (or a cause of action) based upon the breach of the covenant may arise when one party to the contract attempts to claim the benefit of a technical excuse for breaching the contract, or when he or she uses specific contractual terms in isolation in order to refuse to perform his or her contractual obligations, despite the general circumstances and understandings between the parties. When a court or trier of fact interprets a contract, there is always an "implied covenant of good faith and fair dealing" in every written agreement. History In U.S. law, the legal concept of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emphyteusis
Emphyteusis (Greek: implanting) is a contract for land that allows the holder the right to the enjoyment of a property, often in perpetuity, on condition of proper care, payment of tax and rent. The right encompasses assignment and of descent. History Emphyteusis originated in Ancient Greece . In the early Roman Empire it was initially granted by the state for the purposes of agriculture or development. In essence it was a long-term lease of an imperial domain for a rental in kind. The title existing before ''emphyteusis'' was ''ius in agro vectigali''. The ''emphyteusis'' gave the lease-holder (''emphyteuta'') rights similar to those of a proprietor, although the real owner remained the person to whom the rent (''canon'' or ''pensio'') was paid. The tenant gained most of the rights of the owner. Accordingly, he could maintain ''actio vectigalis in rem'' against any one to recover possession of the land thus leased. Under certain circumstances, the land returned to the owner, as in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Servitude In Civil Law
A servitude is a qualified beneficial interest severed or fragmented from the ownership of an inferior property (''servient estate in land, estate'') and attached to a superior property (''dominant estate'') ''or'' to some person (''personal beneficiary'') other than the ownership, owner. At civil law (legal system), civil law, ownership (''dominium'') (e.g. of land) is the only full ius in re, real right whereas a servitude is a encumbrance, subordinate real right on par with English land law#Easements and Wayleaves, wayleaves, real burdens (i.e. real covenants), security interests, and reservations. There are two types: ''predial'', attaching to property, and ''personal'', attaching to a person. A servitude cannot impose the performance of a positive duty on the owner of the burdened property but only duties either to refrain from exercising certain rights to which an owner could be otherwise entitled (''negative servitude'') or to suffer certain things to be done to his property w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stipulation
In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial. For example, both parties might stipulate to certain facts and so not have to argue them in court. After the stipulation is entered into, it is presented to the judge. The term can also refer to a special rule in a professional wrestling match, which can force the loser to do something (such as retire) or to any other change to the basic rules of the match type. The word is derived from the Latin word ''stipula'' "straw." The Ancient Roman In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC ... custom was that the negotiating parties, upon reaching an agreement, broke a straw as a sign of their mutual agreement and wrote down the agreement's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
