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 ?
(14) Akkermans, above n 2, 280, defines emphyteusis as 'a property right that entitles one to hold and use an immovable object that is owned by someone else'.
1119, 1120 (usufruct), 1172 (use), 1177 (servitude), 1195 (emphyteusis) C.C.Q.
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.
He applauds the emphyteusis system and considers liberal this measure that leads to the nationalization of land (1980, 967, 971ff.).
(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.
But emphyteusis is more often used and will be in the future.
Yet other, equally problematic, manifestations of title security are either not examined in detail (most notably, the seller's legal right of resolution), or not directly discussed at all (sales under resolutory condition, sales under suspensive condition, ordinary leases, leases with option to purchase, and promises of sale, as well as various two-step transactions like double sales and sale-leaseback arrangements, and the deployment of rights of superficies or emphyteusis as security).