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 usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...owner) i8 sa to consist in patiendo: i. e. in his duty to forbear from molesting the other in the given user of the subject. A negative servitude (in respect of the owner) is said to consist in non faciendo: i.e. in his duty to forbear from using the subject in the given manner or mode. In either case, the right (it is manifest) is a right to & forbearance on the part of the owner; a forbearance from molesting the other in the given use, or a forbearance from using in a given mode. As against the owner (or other occupant), every right of servitude is therefore negative: i. e. does not impose upon Lkct. him a duty to do or perform. In respect of the party en---, titled to the servitude, a so-called positive or affirmative servitude is, in a certain sense, positive as well as negative: i. e. it gives him a right to do acts over the given subject, as well as a right to a forbearance on the part of the owner or occupant from molesting him in the performance of those acts. But a negative service is merely negative: i. e. it merely gives him a right to a forbearance on the part of the owner. A so-called negative servitude merely restricts the owner's right of user; that is to say, by reason of the existence of the servitude, the owner has not a right to turn the subject to some use implied generally in his right of property, and to which but for the servitude he would be at liberty to apply it.--A so-called positive servitude restricts his right of exclusion and his right of user. If I have a right to deal in a given manner with the subject, for example, to pass over it by a right of way, my right sets a limit to his power of exclusion, and hence to his power of user; for be cannot turn the subject to any purpose which would impede my...show more

Product details

  • Paperback
  • 189 x 246 x 14mm | 481g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236863119
  • 9781236863119