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Simple English definitions for legal terms
emphyteusis
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A quick definition of emphyteusis:
Emphyteusis is a type of contract in Greek, Roman, and civil law. It involves one person giving another person a piece of land to use for a long time or forever. In exchange, the person who receives the land must take care of it and pay rent every year. The person who receives the land is called an emphyteuta. They have to take care of the land and pay for any problems that happen to it. The emphyteusis contract can be sold to someone else, but the owner of the land has to agree to it. Emphyteusis is different from a lease because it doesn't end when the person who receives the land dies. Perpetual emphyteusis was stopped in the 18th century.
A more thorough explanation:
Definition: Emphyteusis is a legal contract in Greek, Roman, and civil law. It involves one person giving another person a piece of land, either permanently or for a long period of time, in exchange for the obligation to cultivate the land and pay annual rent.
For example, if John owns a piece of land but cannot cultivate it himself, he can enter into an emphyteusis contract with Jane. John would give Jane the land, and Jane would be responsible for cultivating it and paying John annual rent.
Emphyteusis was officially recognized as distinct from ownership or a lease in the 5th century. The land's lessee or tenant, called an emphyteuta, had to bear any burdens imposed on the land. Although the emphyteusis was alienable, the owner had to consent to the sale. Unlike a usufruct, emphyteusis did not terminate with the death of the emphyteuta. Perpetual emphyteusis was abolished in the 18th century.