Emphyteusis


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Emphyteusis

 

in a number of ancient states, including Hellenistic Egypt, Greece, and Rome, a type of long-term lease of tracts of land. The emphyteusis gave the lessee the right to use the land productively and harvest crops, to transfer the land through inheritance, to mortgage the land, and, under certain conditions, to give it away or sell it. The lessee was required to pay the owner an annual rent that had been set in advance and to pay state taxes. The tracts that were leased in this manner were usually uncultivated lands that belonged to the emperor, the state treasury, or a community.

The concept of the emphyteusis was applied in a modified form in Byzantium and a number of feudal states in Western Europe (seeHEREDITARY FEUDAL LEASE).

References in periodicals archive ?
191) Barry Nicholas observes that superficies and emphyteusis "were admitted to the private law too late for any theoretical account.
187) Most importantly, paragraph 248(3)(e) does not, for these purposes, deem property in relation to which a person has possession, use, and risk to be beneficially owned by that person, limiting this status to a situation where a person "has in relation to the property (i) the right of ownership, (ii) a right as a lessee under an emphyteusis, or (iii) a right as a beneficiary in a trust.
He comments on emphyteusis, a system "most in keeping with the many invented to bring prosperity to society .
Florez thought that emphyteusis was a liberal institution, not in its feudal roots leading to a divvying up of land among local leaders, but if property was totally concentrated in the hands of the state and was distributed (only for usufruct) among more people.
70) The grant of an investiture was a form of ownership, known as emphyteusis, or livello.
50) Emphyteusis, or livello, consisted of a twenty-nine-year renewable lease at a fixed rent, usually five percent of the value of the property at the time the first contract was negotiated.