Službenost upotrebe (usus) u rimskom i srpskom pravu

Abstract

The right to use is a personal servitude, which authorizes the holder to use the property within the limits of their needs. According to the Roman classification, it is personal servitude, together with the right of ususfructus, free housing and use of the work of someone else’s slave or animal. Formed in post-classical Roman law, with minor changes, the institute was absorbed into Serbian medieval law, and subsequently, in the mid-19th century, into the Civil Code of the Principality of Serbia. Servitude is also recognized in the law of the Republic of Serbia. The dilemmas concerning the scope of rights – whether the holder acquires fruits or can transfer the right to another – gave headaches to both Roman jurisprudents and jurists today. An interpretation by the Commercial Court of Appeal, regarding a question about the abovementioned controversies, posed by a lower court, has highlighted the problems regarding the institute.