Emphyteusis

As Emphyteuse (from Greek ἐμφυτεύσιν = plant ) called it a Leiheverhältnis of land, which is similar to the leasehold. In the 5th century merged with the older forms of jus emphyteuticum and the ius perpetuum to a single legal institution, the Emperor Zenon codified as ius emphyteuticarium 476/484. Its constitution described the law as a contract sui generis, which was confirmed by writing. The Codex Justinian governed the Emphyteuse according to the model of the Constitutions of Zeno. According to C. 4,66,1 the tenant ( Emphyteuta ) must pay an annual fee and cultivate the Borrowed carefully and make arable. He can also sell the emphyteutische right at the base, the owner ( dominus ) a tax on the sale proceeds ( Laudemium ) but must pay. The owner can draw on in case of a sale the goods within two months.

In the Middle Ages was understood by the term Emphyteuse the heritable and alienable right in rem to manage a foreign, fruit -bearing land and to draw fruit from him. The plot of land which had Emphyteuta on the full right to use and about the same power of disposition as an owner, but with the limitation that he must not degrade the land. He had to pay an annual fee and this display the intended sale of the leasehold rights to the owner. In the case of the sale of the leaseholder had the landlord to pay a certain percentage of the selling price ( the so-called Laudemium ).