이탈리아의 근대 토지소유권의 성립에 관한 고찰

Abstract

Italian is the center state accomplished the foundation of Rome civilization to the Mediterranean. They say that Rome enlightenment is that of law. Proprietorship is the fundamental right of property. To study a modern dominion we need to examine the historical process of it. The Rome era, the control of land showed that the permanent right of lease loaning the king estate for a long time came into wide use all over the country. In the Langobard times agriculture was related the purpose of military affairs. People bearing military service were provided the land and permitted an assignment. This acquisition of land to the free people became one of causes fostering a small and medium self-management peasantry. They got out of feudal bondage and acquired an allodium afterward. The Middle Ages the control of land was beneficium but the allodium was formed according to famer's economic independence and the decline of feudalism. In a corporate town times, the possession and use of land brought about a large reform. It is that a divided ownership was generated and a disposable the right of ownership appeared. A usufructuary right which had been restricted private land has dwindled away in 18th century. With the decline of the feudalism the permanent right of lease and usufructuary right was repealed. But the permanent right of lease was permitted temporarily and the usufructuary right was existed in a partial region. In this manner, the land reform of Italian has made quasi proprietary rights improve dominion and come into being modern property. the characteristics of Italian dominion is that the right of ownership is restricted to be fit for the purpose and exercised for the public benefit.