Law of Property Division: Ownership, Usufructs, Servitudes

COMPARING THE LAW OF PROPERTY-DIVISION OFOWNERSHIP, USUFRUCTS, AND SERVITUDES INTRODUCTION: Q : Enumerate types of property under modern Civil Codes? The traditional civilian regime of property law is a distinctive and highly stylized system of property ownership.

COMPARING THE LAW OF PROPERTY- DIVISION OFOWNERSHIP, USUFRUCTS, AND SERVITUDES Originating with Roman property concepts, traditional civilian different distinctions in kinds of property: public and private; corporeal and incorporeal; movable and immovable. Further, traditional civil law recognizes only one scheme of property division, conceptually into "usus (use),fructus (fruits), and abusus (the right to sell or otherwise dispose of property)." doctrine recognizes dividing ownership

COMPARING THE LAW OF PROPERTY- DIVISION OFOWNERSHIP, USUFRUCTS, AND SERVITUDES This conception of the proper division of property gives rise to the characteristically civilian property device called usufruct which allows a person to use and enjoy the fruits of a thing without giving that person the ability to dispose of it-the ownership of the usus and the fructus without the abusus.

COMPARING THE LAW OF PROPERTY- DIVISION OFOWNERSHIP, USUFRUCTS, AND SERVITUDES Q : Define the meaning of servitudes ? Another identifying characteristic of civil law property is the concept of servitudes or a benefit for one piece of one estate over another to permit the exercise of some power, including a right of passage. This concept, like the term itself, dates back to ancient Rome. Its origins are derived from the Latin term servus, meaning slave-originally applicable to the relationship between a master and serf.69 Though the concept has changed to apply only to servient and dominant pieces of land, the term remains.