Usucapion and Usufruct in Roman Law

Posted on Nov 29, 2024 in Law & Jurisprudence

Item 7: Usucapion

Usucapion is the acquisition of ownership through continuous possession of a thing for a period determined by law, requiring good faith and just title. Known in Spanish Civil Law as adverse possession (Art. 609 CC), it’s a derivative acquisition mode with aspects of original acquisition.

Requirements:

  • Possessio: Corpus (physical control) and Animus (intent to possess).
  • Title: Legal act showing the acquirer didn’t harm the previous owner’s rights.
  • Tempus: Justinian law set 3 years for movable property, 10 years (present) or 20 years (absent) for immovables.
  • Bona Fides: Good faith belief in rightful acquisition.

Possession continuity:

  • Successio Possessionis: Heirs continue the deceased’s possession.
  • Accessio Possessionis: Transfer during life under the same conditions.

Tempore Praescriptio Longissimi: Justinian allowed acquisition through 30 years of continuous possession without just title.

Bonded (Easements)

A lien on real property benefiting another property. The benefiting property is the dominant estate, the burdened is the servient estate.

Features:

  • Utility: Necessity.
  • Indivisible: Applies to the whole estate.
  • Inalienable: Cannot be sold separately.
  • Neighborhood: Properties must be near.
  • Two Owners: At least.

Classification:

  • Rural Easements: Passage, water.
  • Urban Easements: Construction, light, views, drainage.

Constitution:

  • Deductive
  • Legacy
  • Adjudicatio
  • Usucapion
  • Term or Condition

Extinction:

  • Disclaimer
  • Confusion (merger of estates)
  • Destruction
  • Transformation
  • Non-use

Protection: Actio Vindicatio Servitutis.

Item 8: Usufruct

Usufruct is the right to use and enjoy another’s property without altering its substance. It’s time-limited, ending with the usufructuary’s death or the specified term.

Features:

  • Limited duration.
  • Not transmissible (generally).
  • Applies to non-consumable things.

Rights of Usufructuary:

  • Acquire fruits (perceptio).
  • Use and maintain the property.

Obligations:

  • Preserve the substance.
  • Pay taxes and burdens.
  • Return the property.

Content:

  • Ius Utendi Fruendi: Right to use and enjoy fruits.
  • Ius Ceases Alienis Rebus: Reversion to the owner.
  • Save Rerum Substantia: Preserve the property’s form and economic purpose.

Constitution: Legacy, deductive, adjudicatio, term, or condition.

Termination:

  • Death of usufructuary.
  • Expiration of term or condition.
  • Destruction or transformation.
  • Resignation.
  • Consolidation (merger of rights).

Protection: Vindicatio Usufructus (later Actio Confessoria).