Dominium Directum
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Dominium Directum
''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 ...
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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. ...
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Vassal
A vassal or liege subject is a person regarded as having a mutual obligation to a lord or monarch, in the context of the feudal system in medieval Europe. While the subordinate party is called a vassal, the dominant party is called a suzerain. While the rights and obligations of a vassal are called vassalage, and the rights and obligations of a suzerain are called suzerainty. The obligations of a vassal often included military support by knights in exchange for certain privileges, usually including land held as a tenant or fief. The term is also applied to similar arrangements in other feudal societies. In contrast, fealty (''fidelitas'') was sworn, unconditional loyalty to a monarch. European vassalage In fully developed vassalage, the lord and the vassal would take part in a commendation ceremony composed of two parts, the homage and the fealty, including the use of Christian sacraments to show its sacred importance. According to Eginhard's brief description, the ''commenda ...
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Feudal Law
Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in medieval Europe between the 9th and 15th centuries. Broadly defined, it was a way of structuring society around relationships that were derived from the holding of land in exchange for service or labour. Although it is derived from the Latin word ''feodum'' or ''feudum'' (fief), which was used during the Medieval period, the term ''feudalism'' and the system which it describes were not conceived of as a formal political system by the people who lived during the Middle Ages. The classic definition, by François Louis Ganshof (1944), François Louis Ganshof (1944). ''Qu'est-ce que la féodalité''. Translated into English by Philip Grierson as ''Feudalism'', with a foreword by F. M. Stenton, 1st ed.: New York and London, 1952; 2nd ed: 1961; 3rd ed.: 1976. describes a set of reciprocal legal and military obligations which existed a ...
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Fiefdom
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form of feudal allegiance, services and/or payments. The fees were often lands, land revenue or revenue-producing real property like a watermill, held in feudal land tenure: these are typically known as fiefs or fiefdoms. However, not only land but anything of value could be held in fee, including governmental office, rights of exploitation such as hunting, fishing or felling trees, monopolies in trade, money rents and tax farms. There never did exist one feudal system, nor did there exist one type of fief. Over the ages, depending on the region, there was a broad variety of customs using the same basic legal principles in many variations. Terminology In ancient Rome, a " benefice" (from the Latin noun , meaning "benefit") was a gift of land ...
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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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Christian Church
In ecclesiology, the Christian Church is what different Christian denominations conceive of as being the true body of Christians or the original institution established by Jesus. "Christian Church" has also been used in academia as a synonym for Christianity, despite the fact that it is composed of multiple churches or denominations, many of which hold a doctrinal claim of being the "one true church", to the exclusion of the others. For many Protestant Christians, the Christian Church has two components: the church visible, institutions in which "the Word of God purely preached and listened to, and the sacraments administered according to Christ's institution", as well as the church invisible—all "who are truly saved" (with these beings members of the visible church). In this understanding of the invisible church, "Christian Church" (or catholic Church) does not refer to a particular Christian denomination, but includes all individuals who have been saved. The branch theory, ...
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Nobility
Nobility is a social class found in many societies that have an aristocracy (class), aristocracy. It is normally ranked immediately below Royal family, royalty. Nobility has often been an Estates of the realm, estate of the realm with many exclusive functions and characteristics. The characteristics associated with nobility may constitute substantial advantages over or relative to non-nobles or simply formal functions (e.g., Order of precedence, precedence), and vary by country and by era. Membership in the nobility, including rights and responsibilities, is typically Hereditary title, hereditary and Patrilinearity, patrilineal. Membership in the nobility has historically been granted by a monarch or government, and acquisition of sufficient power, wealth, ownerships, or royal favour has occasionally enabled commoners to ascend into the nobility. There are often a variety of ranks within the noble class. Legal recognition of nobility has been much more common in monarchies, ...
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Monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority and power in the Sovereign state, state, or others may wield that power on behalf of the monarch. Usually a monarch either personally inheritance, inherits the lawful right to exercise the state's sovereign rights (often referred to as ''the throne'' or ''the Crown, the crown'') or is elective monarchy, selected by an established process from a family or cohort eligible to provide the nation's monarch. Alternatively, an individual may self-proclaimed monarchy, proclaim themself monarch, which may be backed and Legitimacy (political), legitimated through acclamation, right of conquest or a combination of means. If a young child is crowned the monarch, then a regent is often appointed to govern until the monarch reaches the requisite adult a ...
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Lord
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation " lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a ...
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Estates In Land
Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representative bodies of the estates of the realm *** Estates General, a supra-regional gathering of representatives of the estates of the realm * Estate in land * Estate (land), the grounds and tenancies (such as farms, housing, woodland, parkland) associated with a very large property ** Housing estate, a group of houses built as a single development. ** Industrial estate (office park) and trading estate; property planned and sub-let for industrial and commercial use. ** Real estate or real property ***Estate agent or real estate agent * Literary estate, the intellectual property of a deceased author, or the executor thereof Automobiles and technology * Estate car (station wagon), a passenger car with a full-size interior cargo compartment * Buick ...
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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 ...
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Emblements
In the common law, emblements are annual crops produced by cultivation legally belonging to the tenant with the implied right for its harvest, and are treated as the tenant's property. The doctrine chiefly comes into play in the law of landlord and tenant, or in the foreclosure of mortgages and other legal situations that place the rights of another party in contention with those of a farmer who has planted a crop yet to be harvested. The doctrine also applies to the estate of a deceased tenant. In these situations, the doctrine of emblements operates to guarantee the farmer's right to reap and carry away the fruits of his labor even if he loses title to the land on which they are grown.''Pittman v. Max H. Smith Farms, Inc.'', 506 N.E.2d 1139 (Ind. Ct. App., 1987). The right to emblements became less important in England in 1851, when most of its protections were established under the Landlord and Tenant Act 1851. Still, there are circumstances when the ancient right still holds, ...
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