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

Objectives
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”.
Materials and Methods
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.
Results
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.)
Conclusions
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.