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Roman Law - Tutorial 4 Servitudes 2024/2025 ;100% complete newest version guide (verified)
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Roman Law - Tutorial 4 Servitudes 2024/2025 ;100% complete newest version guide (verified)
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Roman Law - Tutorial 4: Servitudes1. Acquiring ownership of the property
2. Altering the substance, damaging the property, or using it in an unauthorised manner
3. Expiry of term - note that habitatio must be for life
4. Death
5. Loss of status - ANS-Termination of personal servitudes
1. actio confessoria - assert that one is entitled to a particular servitude
2. actio negatoria - assert that a particular servitude does not exist, claimant has to prove a
negative - ANS-Actions for protecting servitudes
1. Another's property
2. Benefits the owner
3. Cannot be "possessed"
4. Duties imposed cannot be active duties
5. Exercised reasonably - ANS-General principles of servitudes
1. Attaches to the land not the person - any subsequent owners of the dominant estate my
exercise the right against any subsequent owners of the servient estate (dominant estate is thus
more valuable than if it was a contract)
2. Perpetual (but terminated in other ways) - ANS-Advantages of praedial servitudes
1. Difficult for potential buyers to know what servitudes a land is burdened with due to the lack of
a registration system.
2. Diminishes the value of the servient estate (though since no active duties could be imposed
the problem was mitigated slightly) - ANS-Disadvantages of praedial servitudes
1. Emphyteusis
2. Superficies
3. Real security - ANS-Other iur in re aliena
1. Iter - the right of passage on foot.
2. Actus - the right of tier + the right to lead a beast of burden or vehicle across the servient
estate.
3. Via - the general right right of passage, including iter and actus
4. Aquaeductus - the right to transport water across the servient estate - ANS-Types of rural
servitudes
1. Mancipatio for rural servitudes
2. Cessio for both urban and rural servitudes
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