| Popis jednotky: | The present paper is dedicated to the division of servitudes according to the rules of Roman law. Nevertheless, the classification of servitudes is in this context not only a subject to historical-legal research, it also brings many new and directly applicable findings to current and future legal environments and to the servitudes as they are portrayed in the new civil code of the Czech Republic. The article describes several systems used to classify servitudes according to different criteria and levels. It is essential to note that these different systems are very often contradictory, they intertwine and influence each other. This is how certain characteristics of servitudes emerge and can be defined. This variety of classification modes represents the very special system of servitudes which is reflected in modern legal systems but can be seen also as a historical feature of servitudes revealing the true nature and conditions of their origin in ancient Rome. With regard to the above mentioned diversity in classification of servitudes, this paper can also offer a view on different types of servitudes in those current legal systems that adopted the general legal regulation of iuris in re alinea or in those that prefer to regulate the servitudes ad hoc. In addition, the paper examines a certain number of schemes and categories where the new occurring real rights may be found, and analyses the rights that do not fall into these categories as well as the possible impact of this incompatibility. The present article is intended to serve as a source of information for practitioners as well as for historians or academics dealing with Roman law, while everyone will be approaching the text differently and with different questions. |
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