Servitutes personae

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Family tree of the easements under Roman law (from the Corpus iuris civilis from 1548–1550) , Pierre Eskrich.

Servitutes personae ( servitutes personales ; Personalservituten ) was a collective term in ancient Roman law for the right of easements that were always tied to a specific person and that were granted property law . The personnel servants were to be distinguished from the predial servitutes , which only had an influence on the legal relationship of owners of neighboring properties.

According to today's legal understanding, the concept of servitutes personae covered real rights such as usufruct ( ususfructus ), highly personal rights of use without fruiting ( usus ), rights of residence ( habitatio ) and, as an extensive special case of ususfructus , the right to employ foreign slaves and animals ( operae servorum vel animalium ).

Personnel servants were justified in a binding manner in traditional law by means of assignment transactions at the court and, insofar as legal transactions of death had to be settled, by means of vindication . During Justinian's time in late antiquity , legal transactions in this regard were informally compatible. When the property was taken over, the authorized user had to provide security to the owner (type of deposit ). The facts of termination were renunciation, death, acquisition, extinction, possession and non-exercise of rights. Legal protection was granted by the actio confessoria in the event of the enforcement of a right of use and by the actio negatoria to ward off presumptuous granting of rights .

literature

Individual evidence

  1. ↑ Herbert Hausmaninger , Walter Selb : Römisches Privatrecht , Böhlau, Vienna 1981 (9th edition 2001) (Böhlau-Studien-Bücher) ISBN 3-205-07171-9 , pp. 175–177.
  2. ↑ Paulus , Dig. 7.1.1 .: It is described that a foreign matter had to be treated with substantial care in the case of "usus fructus".
  3. ↑ Gaius , Dig. 7.8.1.1.
  4. ↑ CJ 3,33,13 pr.
  5. ↑ Heinrich Honsell : Roman Law, 5th edition. Springer, Zurich 2001, ISBN 3-540-42455-5 , p. 75 f.
  6. ↑ Ulpian , Dig. 7.6.5.1.
  7. ^ Jan Dirk Harke : Roman law. From the classical period to the modern codifications . Beck, Munich 2008, ISBN 978-3-406-57405-4 ( floor plans of the law ), § 13 no. 23 ff. And § 16 no. 7 ff.