IURA IN RE ALIENA – SERVITUDES

• Main Author: Nenad Stefanović
• Format: Article
• Language: English
• Published: University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2019-06-01
• Series: Pravo
• Subjects: the roman law; servitudes; usufructus; use (usus); the twelve tables Law
• Online Access: https://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/28
• ISSN: 0352-3713; 2683-5711

Rights in realty to the others’ things (iura and re aliena) occupy a significant position among real rights in the Roman law . They are absolute and work towards everyone (erga omnes). However, they differ from their property rights because they do not possess the entire but only a part of their ownership. These rights have a real-life nature, but to the other’s staff. The institute of rights in realty over others’ rights expired in the Roman law more than two millennia ago. In the same or somewhat modified form, these rights exist today being adapted to the needs of the modern life. The most important groups of rights in realty to the others’ things are: servitudes, mortgage, superficies, and emphyteusis. There is a certain difference between them, because the servitudes, superficies and emphyteusis represent the right to someone else’s stuff to be used, while the mortgage does not involve the usage of someone else’s stuff, but it presents a means of securing the creditor. The work will process the servitudes as one of the rights in realty to the other’s possessions with all its features. The author will try to point out all the important questions about the servitudes as they were regulated by the Twelve tables Law until Justinian’s right, with a special emphasis put on the classification into personal and real servitude.