Dominicum Antiquum

In old English law. Ancient demesne. Bracton, fol. 369b. DOMINIUM (Lat.) Perfect and complete property or ownership in a thing. Plenum in re dominium, — plena in re potestas. This right is composed of three principal elements, viz., the right to use, the right to enjoy, and the right to dispose of the thing, to the exclusion of every other person. To use a thing, jms utendi tantum, consists in employing it for the purposes for which it is fit, without destroying it, and which employment can therefore be repeated; to enjoy a thing, jus fruendi tantum, consists in receiving the fruits which it yields, whether natural or civil, quidquU ex re nascitur; to dispose of a thing, jus abutendi, is to destroy it, or to transfer it to another. Thus, he who has the use of a horse may ride him, or put him in the plough to cultivate his own soil; but he has no right to hire the horse to another, and receive the civil fruits which he may produce in that way. On the other hand, he who has the enjoyment of a thing is entitled to receive all the profits or revenues which may be derived from it, either from natural or civil fruits. And, lastly, he who has the right of disposing of a thing, jus abutendi, may sell it, or give it away, etc., subject, however, to the rights of the usury or usufructuary, as the case may be. These three elements, msms, fructus, abusus when united in the same person, constitute the dominium; but they may be, and frequently are, separated, so that the right of disposing of a thing may belong to Primus, and the rights of using and enjoying to Seeundus, or the right of enjoying alone may belong to Seeundus, and the right of using to Tertius. In that case. Primus is always the owner of the thing, but he_ is the n&ked owner, inasmuch as for a certain time he is actually deprived of all the principal advantages that can be derived from it. Seeu Mdus, if he has the use and enjoyment, jus utendi et fruendi simul, is called the "usufructuary," usus-fructuariiis; if he has the enjoyment only, jus fruendi tantum, he is the fructuarius. And Tertius, who has the right of use, jus utendi tantum, is called the usuary, — usuarius. But this dismemberment of the elements of the dominium is essentially temporary. If no shorter period has been fixed for its duration, it terminates with the life of the usuary, fructuary, or usufructuary, for which reason the rights of use and usufruct are called "per^ sonal servitudes." Besides the separatim of the elements of the dominium among different persons, there may also be a jus in re, or dismemberment, so far as real estates are concerned, in favor of other estates. Thus, a right of way over my land may can never be separated from it, except by its entire extinction. This class of jura in re is called "predial" or "real"' servitudes. To constitute this servitude, there must be two estates belonging to different owners. These estates are viewed in some measure as juridical persons, capable of acquiring rights and incurring obligations. The estate in favor of which the servitude exists is the creditor estate, and the estate by which the servitude is due, the debtor estate. 2 Mariade, 343 et seq. DOMINIUM DIRECTUM (Lat.) legal ownership. —

Lat. Ancient demesne. Bract. foL 869 b.