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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 ...Show synopsisThis 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 Excerpt: ...i.e. can consist No right of in a right to an act or acts on the part of the owner or other gaTMonsist occupant. This follows from the very nature of a servitude, to in fadwhich it is essential that it should be jus in rem, or a right avail-' "Mackeldey, vol. ii pp. 78, 88. Thibaut, Versuche, voL i. p. 27. Lect. ing against persons generally; for if it consisted in a right to an. ', act to be done by the owner or other occupant, it were merely jus in personam against that determinate party. In the case of a servitude, the jus in rem may happen to be combined with jus in personam against the owner: and so, may happen to be combined with a right to an act, against the owner: e.g. a right to have a way repaired by the owner. Quaere, Whether every servitus be not jus in personam against the owner or other occupant, and jus in rem against the rest of the world?42 Quaere, Whether a negative servitude be jus in rem? Whether a An affirmative servitude may clearly avail against any, and servitude may e violated by any. E.g. A stranger to the soil may violate be/ in a right of common, by putting his cattle on the commonable land?48 And in the case of a negative servitude, it is possible for a stranger (e.g. a trespasser) to do the act which would prevent the enjoyment of the servitude: e.g. to build up, or otherwise obstruct, ancient lights. In the case, however, of a negative servitude, it is less likely that a stranger should disturb; because the disturbance would not be an act of user. I apprehend that a negative servitude is usually brought within the category of jura in rem thus: it avails adverws qucmcumque possessorem; i.e. with or without title from the actual or preceding owner. Now as against an occupant without title, it could not be the re...Hide synopsis
Lectures on Jurisprudence (Rarebooksclub.com) – Trade paperback (2012)
by
Robert Campbell
Trade paperback, Rarebooksclub.com 2012
English
268 pages
ISBN: 1155595882 ISBN-13: 9781155595887
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 Excerpt: ...i.e. can consist No right of in a right to an act or acts on the part of the owner or other gaTMonsist occupant. This follows from the very nature of a servitude, to in fadwhich it is essential that it should be jus in rem, or a right avail-' "Mackeldey, vol. ii pp. 78, 88. Thibaut, Versuche, voL i. p. 27. Lect. ing ...Show moreThis 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 Excerpt: ...i.e. can consist No right of in a right to an act or acts on the part of the owner or other gaTMonsist occupant. This follows from the very nature of a servitude, to in fadwhich it is essential that it should be jus in rem, or a right avail-' "Mackeldey, vol. ii pp. 78, 88. Thibaut, Versuche, voL i. p. 27. Lect. ing against persons generally; for if it consisted in a right to an. ', act to be done by the owner or other occupant, it were merely jus in personam against that determinate party. In the case of a servitude, the jus in rem may happen to be combined with jus in personam against the owner: and so, may happen to be combined with a right to an act, against the owner: e.g. a right to have a way repaired by the owner. Quaere, Whether every servitus be not jus in personam against the owner or other occupant, and jus in rem against the rest of the world?42 Quaere, Whether a negative servitude be jus in rem? Whether a An affirmative servitude may clearly avail against any, and servitude may e violated by any. E.g. A stranger to the soil may violate be/ in a right of common, by putting his cattle on the commonable land?48 And in the case of a negative servitude, it is possible for a stranger (e.g. a trespasser) to do the act which would prevent the enjoyment of the servitude: e.g. to build up, or otherwise obstruct, ancient lights. In the case, however, of a negative servitude, it is less likely that a stranger should disturb; because the disturbance would not be an act of user. I apprehend that a negative servitude is usually brought within the category of jura in rem thus: it avails adverws qucmcumque possessorem; i.e. with or without title from the actual or preceding owner. Now as against an occupant without title, it could not be the re...Hide
Description:BRAND NEW PAPERBACK. 9.69 by 7 inches. This book is printed on...BRAND NEW PAPERBACK. 9.69 by 7 inches. This book is printed on demand [allow 1-2 weeks for printing]. (00268 pages) lang=english accessory: no accessory (Paperback )
