Lectures on Jurisprudence, Or, the Philosophy of Positive Law Volume 2

Lectures on Jurisprudence, Or, the Philosophy of Positive Law Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...an affirmative as well as a negative servitude (considered exclusively with relation to the owner or occupant) might be deemed jus in personam. But since a right of servitude, positive or negative, may be violated by third parties, it implies a duty to forbear from disturbing, which lies upon third parties generally as well as on the owner or other occupant of the thing, and therefore is jus in rem. And such disturbance by third parties would not affect the right consequently through a violation of right residing in another. If, therefore, a negative servitude be jus in rem, it is so, because by possibility any may violate it, though none but the owner or occupant is likely to do so. The distinction between an occupant without title, and a mere trespasser or other stranger is, that the former is exercising over the subject a right of property residing in another; while the latter does not affect to exercise any such right. To explain this, we must analyse the right of possession. The subject of the servitude is said itself to serve: res Res scrmt. sf.rvit; which merely means, that the right of servitude avails (with or without limit in respect of duration) against every person whatever who has a right of property in the subject, or who, as adverse possessor, may exercise any right of property over it.5 If the servitude be properly so called, it also avails against the rest of the world, or is jus in rem. If it be a servitude improperly so called, it is merely jus in personam, ex contractu, or quasi ex contractu, against every proprietor of the subject, or against any adverse possessor exercising rights of property over it. If it consists in faciendo (or in a duty on the owner or occupant to do or perform) it is necessarily in this plight. And it...show more

Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236532864
  • 9781236532862