EMFITEVIS
(From lat. Emphyteusis - "plant") - alienated and inherited right of long-term use and extraction of fruits from real estate for a fee; Long-term
Hereditary rent of the land.
This institution developed ancient Rome during the period of the empire as a form of using empty lands.
The emfitevta was obliged to pay the owner a rent, and the state - land tax (without a deduction for accidental deterioration of the object or low-cost) and tax, keep the plot in good condition. He had the right to use someone else's land, the right to proprietary protection and petition suits (actio vectigalis), the right to acquire fruits from the moment of their separation (separatio), to alienate, transfer by inheritance and mortgage the thing with bringing it to the attention of the owner who had the right of pre-emption Or receiving 2% of the sales price or the cost of E.
E. established by way of a lease agreement for 100 years or more (rent for up to 99 years did not create further restrictions on the rights of the nominal owner), legacy and prescription.
E. stopped when non-compliance with the duties of the emftevto (when causing great damage, failure to pay within 3 years of pay or taxes), and the subsequent execution could not prevent eviction in case of refusal and when the prescription was extinguished.
The owner had actio emphyteuticaria (action in defense of the owner of the land).
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