Emphyteuse
As emphyteusis ( greek ἐμφυτεύειν "plant", Greek ἐμφύτευσις "implantation") referred to a Leiheverhältnis on land that the long lease is similar.
history
In the 5th century, the older forms of ius emphyteuticum and ius perpetuum merged into a single legal institution , which Emperor Zenon codified as ius emphyteuticarium 476/484. Its constitution described the law as a treaty of its own which was confirmed in writing . The Codex Iustinianus regulated the Emphyteuse according to the model of the Constitutions of Zeno. The tenant ( Latin Emphyteuta ) has to pay an annual fee and carefully cultivate the borrowed or make it arable. He can sell the emphyteutic right to the property, but has to pay the owner ( Latin dominus ) a fee from the sales proceeds ( Latin laudemium ). In the event of a sale, the owner can take the goods back to himself within two months.
In the Middle Ages , the term Emphyteuse meant the hereditary and alienable real right to cultivate a foreign, fruit-bearing property and to pull fruit from it. The Emphyteuta had the full right of use and the right of disposal over the foreign property as an owner, but with the restriction that he was not allowed to deteriorate the property. He had to pay the owner an annual fee and notify him of the intended sale of the long-term lease. In the event of a sale, the leaseholder had to pay the landlord a certain percentage of the sale price (the so-called laudemium ).
literature
- F. Klein-Bruckschwaiger: Article Erbleihe , in: Handwortbuch zur deutschen Rechtsgeschichte, Vol. I, 1971, Col. 968–971.
- Novissimo Dig. It. 6, 1957, pp. 538-558 [E. Favara, G. Forchielli]
- Enciclopedia del diritto 14, 1965, pp. 915-920. [P. Vaccari]
- L. Cariota-Ferrara: L'enfiteusi. 1950.