Year: 2025
Type: article
Abstract: The text focuses on the principle of praedia vicina esse debent in Roman law. It examines on what basis it appeared, how the sources of Roman law reflect the need for land contiguity in the case of servitudes, and what is meant by contiguity, i.e. whether it is direct, immediate contiguity or whether the proximity of the land is sufficient. The text also shows that the general principle in question does not inherently have a uniform interpretation and must always be viewed in the light of individual servitudes and the possibility of exercising them. Finally, the text indicates that the principle as such tends rather towards the criterion of a more general requirement for servitudes, namely that they must always be useful to the dominant tract of land (utilitas fundi).
Source: PRÁVNĚHISTORICKÉ STUDIE
Author: Jan Šejdl
Institution: Charles University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4409818625