ON THE EMPHYTEUTIC

CONTRACT.

Since the subject of our Emphyteutic Contract is indeed sufficiently obscure and entangled in many difficulties, yet so useful and necessary to know that—as Guido de Suzaria A 13th-century jurist. testifies—no one who has even set foot in the forum or greeted the courts from the threshold can fail to understand it, it has pleased us to undertake the present investigation of it.

THESIS I.

Ornamental woodcut initial E featuring floral and vine motifs.
Emphyteusis a long-term lease of land is a contract of the law of nations, named, in good faith, by which a landlord transfers the useful ownership Latin: utile dominium, the right to use and profit from property while the landlord retains legal title of his estate to another for a perpetual term or for many years, under the condition that he improves or cultivates it, upon payment of a fixed rent.

II.

There are two species of emphyteusis: one Ecclesiastical, which is temporary, and the other Civil, which pertains to the goods of private individuals that are usually granted in perpetuity.

III.

Emphyteusis is acquired primarily in two ways: by agreements and by successions.

IV.

For when emphyteusis is granted to someone simply, his children, even those legitimized by a subsequent marriage, and generally all descendants, including women, succeed.

V.

So that in that case women and grandchildren are not understood to be excluded, even when the emphyteusis is granted to Titius and his children.