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Dominium

law, ownership, feudal, property and roman

DOMIN'IUM (Lat., lordship). At law, doni In meant ownership. or private right over a thing, whether immovable or mova ble. 'More precisely, dominium was the general right, as opposed to any special right. such as servitude or lien. It included the power of use and of alienation and of testamentary disposition; but limitations might be imposed the owner in his own interest (e.g. in case of non-age or insanity) or in the interest of neighbors or of the public generally. As re gards slave., restrictions were imposed upon the owner in the interests of humanity. In the nar rowest and most technical sense, alominium was ownership vested by tile old civil law (vs jure Quiritium), as opposed to the substantially equiv alent right created by law. (See t'iviL 1...w.) It was said that the praetor could not grant ownership, but only possession of the ponscssio), that the ownership remained with the civil-la• owner, although his title was a naked one (aluminium nualum I. Dominium, at Roman law. was peter confused with imperium, or sovereignty; and when it was said that the lands of conquered subjects of flonie were in the (10111111111111 of the Boman people, this meant that. in legal theory. the land was owned by the Roman people. and that the provineials were merely possessors. holding at the pleasure of the ['amain peo ple. Dom in luta could be held by two or more persons jointly. but in such ease the joint owners (condomini) Were always copro prietor.- with similar Ownership could not be so divided that different powers should be attributed to different persons and each be as dornimm !thrill!• the Middle Ages however, the riLlit of the feudal superior to a lief was described as direct ownership Wm', bills in dinetuna I and the right of the vassal in pos.

st s-ion tern ed beneficial ownership (domi ill PO 1. in connection with the base tenures, al-o. the ,a ire were respectively ap1.11.11 t , the right of the landlord and the right of the tenant. To the snpreme feudal lord was attributed (ilmainium These uses of the word doinininm were due to the feudal conflodon of political with proprietary powers, and with the dissolution of the feudal system this ambiguity disappeared; but the term eminent domain has been retained to de scribe the exercise of governmental authority over property, particularly in the case of expro priation. Ity riters on international law dart/alum has been used in the sense of sove reignty, and the whole doctrine of :acquisition and loss of soverei!...mty Over territory was 'worked out, by I;rotius and his successors, under the head of dontinium. In this process many rule, were derived, by analogy, Iran the rules of the Roman law regarding acquisition and loss 14 ership. S..e EMINENT DONE\ IN ; VET:DAMS ; PROPERTY. the authorities referred to un der PROPERTY; IN rEENATIoNAL LAW; CIVIL LAW.