Dominion

Ownership or right to property. 2 Bla. Com L "The bolder has dominion of the bill." 8 I 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: 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, jus 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, quidquid 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 plow to cultivate his own soil; but he has no right to hire the horse to another and receive the 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. 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 usuary or usufructuary, as the case may be. These three elements, usus, 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 Secundus, or the right of enjoying alone may belong to Secundus, and the right of using to Tertius. In that case, Primus is always the owner of the thing, but he is the naked owner, inasmuch as for a certain time he is actually deprived of all the principal advantages that can be derived from it. Secundus, if he has the use and enjoyment, jus utendi et fruendi simul, is called the usufructuary, ususfructuarius; 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 personal servitudes. Besides the separation 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 exist in favor of your house; this right is so completely attached to the house that it 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; theso 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 creditorestate; and the estate by which the servitude is due, the debtor-estate. See Hunter, Roman Law 231; Eminent Domain. DOMINIUM DIRECTUM (Lat). Legal ownership. Ownership as distinguished from enjoyment. DOMINIUM DIRECTUM ET UTILE (Lat). Full ownership and possession united in one person. DOMINIUM UTILE (Lat). The beneficial ownership. The use of the property. * DOMINUS (Lat). The lord or master; the owner. Ainsworth, Lat. Lex. The owner or proprietor of a thing, as distinguished from an agent or attorney. Story, Ag. § 3; Ferriere, Diet In Civil Law. A husband. A family. Vicat, Voc. Jur. DOMINUS LITIS (Lat). The master of suit. The client, as distinguished from an attorney. And yet it is said that, although he who has appointed an attorney is properly called dominus litis, the attorney himself, when the cause has been tried, becomes the dominus litis. Vicat.

Ownership, or right to property. 2 Bl. Comm. 1. “The holder has the dominion of the bill.” 8 East, 579. Sovereignty or lordship; as the dominion of the seas. Moll. de Jure Mar. 91, 92.

[Lat. dominium, q. v.] Ownership, or right to property. 2 Bl. Com. 1. Sovereignty or lordship; as the domuiion of the seas. Molloy de Jur. Mar. 91, 92.