Akin to a system of serfdom, this practice emerged in some South American colonies during the time of colonization. Based on Roman law, the Spanish preserved it and brought it to the colonies. Of Roman origin, the practice of emphyteusis appeared in the early empire and was initially granted by the state for agricultural purposes, or for building on land.
Such a lease involves the dismemberment of a usus, fructus, and abusus to an emphyteutic lessee, and typically includes:
Emphyteusis is typically created for a term of 10 - 100 years. When a emphyteutic lease ends, the owner regains real rights of usus, abusus, and fructus to the immovable.
El Foro Galaico: Una Derivación Natural de la Enfiteusis Greco-Romana/ The Galaic Law Court: a Natural Derivation from the Hellenic-Roman Emphyteusis
Jan 01, 2007; RESUMEN La enfiteusis es una institución de origen helenístico, cuyos rasgos principales, claramente definidos en su época griega...