The institute of emphyteusis : its development and juridical relevance in a comparative legal perspective

Abstract

This study looks at accentuating the relevance of the contract of emphyteusis and how it has evolved over time. The term emphyteusis was originally introduced in Ancient Greece but rose to popularity in the Roman era. Since emphyteusis was established so many centuries ago numerous jurisdictions have now removed this concept from their legal systems. However, some legal systems are still making use of the contact of emphyteusis to transfer property. Through the contract of emphyteusis, the property is leased to a tenant for a number of years or in perpetuity. The emphyteuta is bound to pay annual rent or canon as well as cultivate, or otherwise improve the property. The contract of emphyteusis is a real right hence the emphyteuta may alienate the estate at his leisure or pass it down to his heirs through descent, free from any revocation and/or re-entry. As time progressed so did the contract of emphyteusis allowing the scope of applicability of the contract to widen and providing it to be an efficient way to transfer property.