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Rimsko Pravo Knjiga1/2/2023 ![]() ![]() Russian Imperial legal scholarship has adopted the approach applied by Roman law, including usucapio and praescriptio. 301 of the Legislation Code of 1832.Ukraine can view the doctrine developed by legal scholars of those times as well as court practice on these issues as part of its own history as it used to be a part of the Russian Empire, where (except for Chernihiv and Poltava regions) Russian Imperial legislation was fully in force. Certain forms of these include usucapio – limitation of action introduced to Russian Imperial legislation by Article. The history of law should be viewed not only within the context of the study on the birth of law being one of the social regulators, its emergence and evolution of its certain institutions, but also as an instrument of thorough understanding of legal forms recepted from Roman Law. 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. The work will process the servitudes as one of the rights in realty to the other’s possessions with all its features. 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 most important groups of rights in realty to the others’ things are: servitudes, mortgage, superficies, and emphyteusis. In the same or somewhat modified form, these rights exist today being adapted to the needs of the modern life. The institute of rights in realty over others’ rights expired in the Roman law more than two millennia ago. ![]() These rights have a real-life nature, but to the other’s staff. However, they differ from their property rights because they do not possess the entire but only a part of their ownership. They are absolute and work towards everyone (erga omnes). Rights in realty to the others’ things (iura and re aliena) occupy a significant position among real rights in the Roman law. ![]()
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