Ius Utendi
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Ius Utendi
{{Short description, Term in civil law and Roman law ''Ius utendi'' (or ''usus''), a term in civil law and Roman law, is an attribute of ownership (''dominium''): the right or power to use the property—particularly by residing there—without destroying its substance. It is employed in contradistinction to the ''ius abutendi'', the right of disposal. See also * ''Ius'' * ''Ius abutendi ''Ius abutendi'' (or ''abusus''), a term in civil law and Roman law, is one of the three major subsets in the bundle of rights making up ownership (''dominium''), best translated as the ‘right of disposal’. By this phrase is understood the ri ...'' ReferencesBlack's Law Dictionary (Second Edition 1910) (public domain) Latin legal terminology ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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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 ( ...
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Ownership
Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different parties. The process and mechanics of ownership are fairly complex: one can gain, transfer, and lose ownership of property in a number of ways. To acquire property one can purchase it with money, trade it for other property, win it in a bet, receive it as a gift, inherit it, find it, receive it as damages, earn it by doing work or performing services, make it, or homestead it. One can transfer or lose ownership of property by selling it for money, exchanging it for other property, giving it as a gift, misplacing it, or having it stripped from one's ownership through legal means such as eviction, foreclosure, seizure, or taking. Ownership is self-propagating in that the owner of any property will also own the economic benefits of that ...
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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 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". *Dom ...
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Ius Abutendi
''Ius abutendi'' (or ''abusus''), a term in civil law and Roman law, is one of the three major subsets in the bundle of rights making up ownership (''dominium''), best translated as the ‘right of disposal’. By this phrase is understood the right to dispose of property, i.e. by alienation, inheritance, or otherwise, or "the right to destroy or use up the ''res'' altogether."'' Drymiotis v Du Toit'' 1969 (1) SA 631 (T) 632. See also * ''Ius'' * ''Ius utendi {{Short description, Term in civil law and Roman law ''Ius utendi'' (or ''usus''), a term in civil law and Roman law, is an attribute of ownership (''dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal L ...'' References '' Drymiotis v Du Toit'' 1969 (1) SA 631 Notes {{Reflist Latin legal terminology ...
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Ius Abutendi
''Ius abutendi'' (or ''abusus''), a term in civil law and Roman law, is one of the three major subsets in the bundle of rights making up ownership (''dominium''), best translated as the ‘right of disposal’. By this phrase is understood the right to dispose of property, i.e. by alienation, inheritance, or otherwise, or "the right to destroy or use up the ''res'' altogether."'' Drymiotis v Du Toit'' 1969 (1) SA 631 (T) 632. See also * ''Ius'' * ''Ius utendi {{Short description, Term in civil law and Roman law ''Ius utendi'' (or ''usus''), a term in civil law and Roman law, is an attribute of ownership (''dominium means "dominion; control; ownership". It is used in some phrases and maxims in legal L ...'' References '' Drymiotis v Du Toit'' 1969 (1) SA 631 Notes {{Reflist Latin legal terminology ...
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