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Corpus Juris Civilis
TITLE III. Concerning Actions for the Recovery of Land Which Has Been Perpetually Leased, Namely, Emphyteutic Land


1. Paulus, On the Edict, Book XXI.

Some lands belonging to towns are called "vectigales", and others are not. Those are styled vectigales which are leased perpetually, that is to say, under an agreement that so long as the rent is paid for them it shall not be lawful to take them away from those who leased them, or from their successors. Lands are not of this description which are leased for cultivation under the terms by which we are accustomed to rent them privately for that purpose.

(1) Where parties lease land from municipalities in perpetuity, although they do not become the owners of the same it is established that they are, nevertheless, entitled to an action in rem against a possessor, and even against the members of the municipality themselves:

2. Ulpianus, On Sabinus, Book XVII. Provided, however, they always pay the rent.

3. Paulus, On the Edict, Book XXI.

The same rule applies where they have made a lease for a specified time, and the term agreed upon has not yet expired.



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