GROUNDS FOR SERVITUDES ACQUISITION IN ROMAN PRIVATE LAW
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 1, Issue
Abstract
In this article peculiarities of servitudes acquisition in Roman private law are analysed. The author examines the process of creation and development of the possible grounds for servitudes acquisition. In the article application of each of the basis for servitudes acquisition in Roman law are researched. There were four grounds for the acquisition of servitudes in Roman law. The most popular ground for servitudes acquisition was a legal transaction. A contract and a testament were considered as a legal transaction. There were different ways of servitude acquisition by a contract depending on the servitude type and the location of the land it referred to: mancipatio, in iure cessio, deductio, pactiones et stipulations, traditio. In Roman law there were two forms of a testament: legacy (legatum) and fideicommissum, and by two of them a servitude could be acquired. The servitude could be established by a judgment, especially when the judge considered a case about the property division. Usufruct could be acquired according to the special law provisions, which defined particular cases of the servitude creation. The important grounds of servitude acquisition were the acquisitive prescription. In order to acquire a servitude on the acquisitive prescription basis the next elements were required: servitutis quasi possessio; the possession of the servitude non vi, non clam, non pecario; uninterrupted possession of the servitude for the requisite period.
Authors and Affiliations
Г. І. Ковалик
Keywords
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