The second institution was the tenure called emphyteusis, under which land, the domain of the Crown (and other land as well, but especially land under the domain of the Crown), was granted, not on absolute ownership, but in tenancy for certain fixed dues, and once so granted was granted permanently. From Wordnik.com. [The Catholic Encyclopedia, Volume 8: Infamy-Lapparent] Reference
Morally speaking their confinement may have been a humiliation; in sober fact it was an immense advantage; moreover, a special law of 'emphyteusis' made the leases of their homes inalienable, so long as they paid rent, and forbade the raising of the rent under any circumstances, while leaving the tenant absolute freedom to alter and improve his house as he would, together with the right to sublet it, or to sell the lease itself to any other. From Wordnik.com. [Ave Roma Immortalis, Vol. 2 Studies from the Chronicles of Rome] Reference
They then leased it on emphyteusis, either to the original occupiers, to their own soldiers, or to settlers. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
A law of the emperor Zenos (A.D. 474-491) fixed whatever had theretofore been uncertain in the nature and incidents of emphyteusis. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
These abuses remained without material change until 1832, and thus you have a complete history of emphyteusis from the first to the last day of its institution in Portugal. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
These conquests all occurred within the space of fifty-seven years (from 190 to 133 B.C.), and this was doubtless the period when emphyteusis was first employed upon an extensive scale. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
After the Western Empire had apparently fallen beneath the Northern arms -- that is to say, five hundred years later -- and not until then, the Roman Code ameliorated the baneful tenure of emphyteusis. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
The origin of this evil state of affairs was the tenure of emphyteusis: its active and unfeeling promoters have been always the nobility and ecclesiastics, and its only powerful enemy, the only hope of the people, the Crown. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
Nothing less than the re-enactment of the odious Roman tenure of emphyteusis, and that in its most ancient and worst form -- liability to increased rent and to eviction; not only this, but with certain base services combined. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
Whether emphyteusis in any form remained is not quite certain, but it seems not; and during this government, and the Moorish one which superseded it in the year 711, the Iberian Peninsula enjoyed an interval of prosperity to which it had been a stranger for ages. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
After twenty-seven years of reforms and prosperity Pombal was dismissed from office and the old abuses were reinstated, among them those worst incidents of emphyteusis which had been devised by the base ring of nobles and ecclesiastics who held the land in their grasp. From Wordnik.com. [Lippincott's Magazine of Popular Literature and Science Volume 17, No. 097, January, 1876] Reference
The government would therefore take legal action to revoke the emphyteusis. From Wordnik.com. [timesofmalta.com] Reference
Similar to emphyteusis was the right of superficies; but as it applied only to the surface — that is, to buildings — it was less permanent. From Wordnik.com. [The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy] Reference
He explained to the court that he owned a maisonette in Sliema which in 1975 was granted on temporary emphyteusis for 25 years for a ground rent of €210 per year. From Wordnik.com. [timesofmalta.com] Reference
In the military tenures of feudalism, it has been attempted to trace the idea of two distinct ownerships, the dominium eminens and the dominium vulgare, to the Roman contract of emphyteusis. From Wordnik.com. [The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy] Reference
Robert Louis Stevenson accordingly began to read for the bar, supplementing his uncoördinated notions of emphyteusis and levitation with detached impressions of the civil law and fraudulent conveyances. From Wordnik.com. [Life of Robert Louis Stevenson by Alexander Harvey] Reference
But as a result to a change in the law in 1979, once the term of the emphyteusis expired, tenants were granted the right to retain possession of the premises under a lease, without the consent of the owner. From Wordnik.com. [timesofmalta.com] Reference
The European Court of Human Rights has ordered the Maltese government to pay compensation to a Maltese landlord who filed a complaint after Maltese law was changed, thus allowing his tenant to continue to live in his property even after a temporary emphyteusis expired. From Wordnik.com. [timesofmalta.com] Reference
Speaking in a Radio 101 interview, Dr Azzopardi said the historic building had in 1979 been transferred by a Labour government to the Labour Party on perpetual emphyteusis as part of a deal for an exchange of properties when the government took over the former Freedom Press in Marsa to use for Malta Shipbuilding. From Wordnik.com. [timesofmalta.com] Reference
(from whom Mr Amato Gauci inherited the property) should have known that at the time of the emphyteusis that the Civil Code and the applicable case-law had already determined that owners had to respect lease contracts entered into even beyond the period of temporary emphyteusis. From Wordnik.com. [timesofmalta.com] Reference
The law did not apply for post 1995 emphyteusis. From Wordnik.com. [timesofmalta.com] Reference
Actions founded on the consensual contracts of sale, hire, emphyteusis, partnership, and mandate, and on the real contracts of commodatum, depositum, and pignus were actions bonœ fidei: so also, the actio prœscriptis verbis for innominate contracts and the quasi-contractual actions negotiorum gestorum, funeraria, tutelœ, etc., as well as the personal action hereditas petitio. From Wordnik.com. [The Catholic Encyclopedia, Volume 9: Laprade-Mass Liturgy] Reference
The questionings of the earlier lawyers, some of whom thought this kind of contract a hiring, and others a sale, occasioned the enactment of the statute of Zeno, which determined that this contract of emphyteusis, as it is called, was of a peculiar nature, and should not be included under either hire or sale, but should rest on the terms of the agreement in each particular case: so that if anything were agreed upon between the parties, this should bind them exactly as if it were inherent in the very nature of the contract; while if they did not agree expressly at whose risk the land should be, it should be at that of the owner in case of total destruction, and at that of the tenant, if the injury were merely partial. From Wordnik.com. [The Institutes of Justinian] Reference
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