GC: n
S: Penelope – https://penelope.uchicago.edu/Thayer/E/Roman/Texts/secondary/SMIGRA*/Emphyteusis.html (last access: 25 November 2024); TofM – https://timesofmalta.com/article/understanding-emphyteusis-and-its-legal-ramifications.786695 (last access: 25 November 2024).
N: 1. Late Latin, from Late Greek, from Greek emphyteuein to implant (from em- en- entry 2 + phyteuein to plant, from phyton plant) + -sis.
The first known use of emphyteusis was circa 1618.
2. A Roman and civil law contract by which a grant is made of a right either perpetual or for a long period to the possession and enjoyment of originally agricultural land subject to the keeping of the land in cultivation or from depreciation, the payment of a fixed annual rent, and some other conditions
- also: the heritable and alienable right so granted or the tenure by which it is held.
3. The right that, for a certain time, grants a person the full benefit and enjoyment of an immovable owned by another provided he does not endanger its existence and undertakes to make constructions, works or plantations thereon that durably increases its value.
4. Emphyteusis is established by contract or by will.
5. emphyteusis and superficies, in Roman law, leases granted either for a long term or in perpetuity with most of the rights of full ownership, the only stipulation being that an annual rent be paid and certain improvements made to the property. Both originated in the early empire and were initially granted by the state, the former for agricultural purposes, the latter for building on land. The main purpose was to encourage individuals to develop land without the threat of removal once the development was finished. Even before the time of Hadrian (early 2nd century ad) the rights of emphyteusis and superficies began to be granted by private persons. They could be inherited, were transferable, and were protected in the courts. The basic principles and form of emphyteusis and superficies have survived in modern times in many civil-law countries.
S: 1 & 2. MW – https://www.merriam-webster.com/dictionary/emphyteusis (last access: 25 November 2024). 3 & 4. TERMIUM PLUS (last access: 25 November 2024). 5. EncBrit – https://www.britannica.com/topic/emphyteusis-and-superficies (last access: 25 November 2024).
SYN:
S:
CR: landlord
