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This Concept Map, created with IHMC CmapTools, has information related to: 12 2 Servitudes personal, Creation by Legacy: use of farm to wife until death or remarriage, Salva rei substantia: must keep substance of res in tact eg cannot remove vines of vineyard and Nuda proprietas/naked ownership: retained ius abutendi; could sell, but new owner had to respect existing real right, Numerus clausus and Can allow someone else to exercise competencies, Cautio usufructuaria: gave undertaking that would exercise rights as decent person and return what remained w/ Jurists: usufructuaries could draw fruits as a normal owner and enjoy proceeds, but had to keep it in same condition, Quasi usufructus where Consumables: cannot be returned in same condition, Acquisition of praedial servitudes through Prescription: exercise right for a period of time (usucapio), Urban servitudes (res nec mancipi) so in iure cessio and also by Deductio servitutes: sells piece of land and reserves right, Senatus consultum: decision of senate quasi but Usufructuary must become owner of that thing, Rustic servitudes (res mancipi) so mancipatio not Traditio because nothing physical to hand over, Right to use objects and draw fruits w/ Salva rei substantia: must keep substance of res in tact eg cannot remove vines of vineyard, Nuda proprietas/naked ownership: retained ius abutendi; could sell, but new owner had to respect existing real right where Could go to praetor and claim you have usufruct and want owner to give up physical possession, Agreement made subject to penalty: must give right of footpath or else pay but Justinian: no distinction between res mancipi and res nec mancipi and Italic and provincial land and became the most important inter vivos method for creating servitudes, SERVITUDES ???? Acquisition of praedial servitudes, Termination of praedial servitudes by Confusio: nemini res sua servit or nobody may have a servitude over their own property, Could go to praetor and claim you have usufruct and want owner to give up physical possession and Cautio usufructuaria: gave undertaking that would exercise rights as decent person and return what remained, Different juridical nature: ownership w/ duty to return equivalent by end of period and Cautio usufructuaria: return leftover, Usucapio libertatis ???? Negative servitude Required to refrain from doing something. Allow encroachment on right w/o protest, Mancipatio and in iure cessio w/ Rustic servitudes (res mancipi) so mancipatio, Rustic servitudes (res mancipi) so mancipatio and also by Bequest (will), Non usus ???? Usucapio libertatis