The work will process the servitudes as one of the rights in realty to the other’s possessions with all its features. There is a certain difference between them, because the servitudes, superficies and emphyteusis represent the right to someone else’s stuff to be used, while the mortgage does not involve the usage of someone else’s stuff, but it presents a means of securing the creditor. The most important groups of rights in realty to the others’ things are: servitudes, mortgage, superficies, and emphyteusis. In the same or somewhat modified form, these rights exist today being adapted to the needs of the modern life. The institute of rights in realty over others’ rights expired in the Roman law more than two millennia ago. These rights have a real-life nature, but to the other’s staff. However, they differ from their property rights because they do not possess the entire but only a part of their ownership. They are absolute and work towards everyone (erga omnes).
Therefore a possible wider scope of the application of regulae iuris in the national judicial practice would not simply represent a nostalgic quest for the hidden treasure of the European legal tradition, but a part of a long- term creative effort for the Europeanization of the contemporary legal orders on firm foundations of the common legal culture and language.Rights in realty to the others’ things (iura and re aliena) occupy a significant position among real rights in the Roman law. These regulae as legal maxims or brocards are particularly important due to the fact that they concisely express the millenarian Roman and European legal experience, ranging from the fundamental legal principles to concrete solutions, and their content is incorporated into the European legal systems to a large extent even today. Within this context, the main purpose of the paper is to analyse the significance of regulae iuris as the especially representative expressions of that pan-European legal idiom.
The purpose of this paper is to analyse the significance and role of latinitas iuridica as the universal European legal language in the contemporary law of the Republic of Croatia.
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