Roman Law Real Servitudes as Predecessors to Modern-Day Latvia’s “Ceļa servitūts” – “Servitude of Right of Way”

Description

To explore, consider and analyze information that can be found in the original sources of Roman law in relation to real servitudes as a predecessors to modern-day Latvia’s “Ceļa servitūts” (Latvian) – “Servitude of Right of Way”.. Within the framework of the research, studies and analysis of the primary sources of Roman Law – The Code of Justinian (Codex Iustinianus , C 3.34. tit.), The Digest (Digesta, D 8.1–6. tit.), The Institutes of Justinian (Iustiniani Institutiones, I 2.3. tit.) were performed, mostly by applying inductive, deductive and comparative methods.. Modern-day Latvia’s “Civillikums” (Latvian) – The Civil Law of 1937 demonstrates rather direct influence of Roman private law. In accordance with Roman legal tradition, the The Civil Law speaks about “Ceļa servitūts” (Latvian) – “Servitude of Right of Way” by means of which rights may be granted: 1) to a footpath; 2) to a livestock path; and 3) to a roadway, (see: The Civil Law article 1156). It should be noted that, according to sources of Roman law, for addressing the needs of land-based logistics in case of rural properties (estates) (rusticorum praediorum), a number of real servitudes or rights could be established: servitude of path (iter), servitude of (cattle) driving (actus), servitude of way / road (via) (see I 2.3.pr., D 8.3.1. pr., D 8.3.12, D 8.3.7.pr. etc.). The legal regulation of the establishment, use and termination of real servitudes (easements) established in Roman law has conceptually preserved its essence and content up to the present day and paradoxically still has not lost its relevance. In any case, modern legal norms are much better understood by being aware of and understanding the Ancient Roman origins of the legal ideas contained in them.

Period	29 Mar 2023
Event title	RSU Research week 2023: PLACES
Event type	Conference
Conference number	3
Organiser	Rīga Stradiņš University
Location	Rīga, LatviaShow on map
Degree of Recognition	International