The right to use in Roman and Serbian law
The right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else's slave or animal...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2023-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652301153S.pdf |
| _version_ | 1797853296469213184 |
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| author | Stanojlović Vukašin |
| author_facet | Stanojlović Vukašin |
| author_sort | Stanojlović Vukašin |
| collection | DOAJ |
| description | The right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else's slave or animal. Formed in post-classical Roman law, with minor changes, the institute was absorbed into Serbian medieval law, and subsequently, in the mid-19th century, into the Civil Code of the Principality of Serbia. Servitude is also recognized in the law of the Republic of Serbia. The dilemmas concerning the scope of rights - whether the holder acquires fruits or can transfer the right to another - gave headaches to both Roman jurisprudents and jurists today. An interpretation by the Commercial Court of Appeal, regarding a question about the abovementioned controversies, posed by a lower court, has highlighted the problems regarding the institute. |
| first_indexed | 2024-04-09T19:48:18Z |
| format | Article |
| id | doaj.art-0e71dc8d8afb4eaf829f39a400a1b5c8 |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-04-09T19:48:18Z |
| publishDate | 2023-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-0e71dc8d8afb4eaf829f39a400a1b5c82023-04-03T11:28:29ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932023-01-017111531700003-25652301153SThe right to use in Roman and Serbian lawStanojlović Vukašin0https://orcid.org/0000-0001-9834-161XUniverzitet u Beogradu, Pravni fakultet, SerbiaThe right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else's slave or animal. Formed in post-classical Roman law, with minor changes, the institute was absorbed into Serbian medieval law, and subsequently, in the mid-19th century, into the Civil Code of the Principality of Serbia. Servitude is also recognized in the law of the Republic of Serbia. The dilemmas concerning the scope of rights - whether the holder acquires fruits or can transfer the right to another - gave headaches to both Roman jurisprudents and jurists today. An interpretation by the Commercial Court of Appeal, regarding a question about the abovementioned controversies, posed by a lower court, has highlighted the problems regarding the institute.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652301153S.pdfroman lawaustrian civil code (abgb)serbian civil code (sgz)personal servitudesright to use (usus) |
| spellingShingle | Stanojlović Vukašin The right to use in Roman and Serbian law Anali Pravnog Fakulteta u Beogradu roman law austrian civil code (abgb) serbian civil code (sgz) personal servitudes right to use (usus) |
| title | The right to use in Roman and Serbian law |
| title_full | The right to use in Roman and Serbian law |
| title_fullStr | The right to use in Roman and Serbian law |
| title_full_unstemmed | The right to use in Roman and Serbian law |
| title_short | The right to use in Roman and Serbian law |
| title_sort | right to use in roman and serbian law |
| topic | roman law austrian civil code (abgb) serbian civil code (sgz) personal servitudes right to use (usus) |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652301153S.pdf |
| work_keys_str_mv | AT stanojlovicvukasin therighttouseinromanandserbianlaw AT stanojlovicvukasin righttouseinromanandserbianlaw |