Dominum directum: Difference between revisions
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#REDIRECT [[Dominium directum et utile]] |
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__NOTOC__ |
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{{Redirect category shell|1= |
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{{dablink|'''Dominum utile''' redirects here because its definition is bound up in that of dominum directum.}} |
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{{R from merge}} |
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==Definitions== |
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'''Dominum directum''' ''(Feudal)'': the right of the lord (ie, the right to direct) in the disposition of an asset (typically land).<br> |
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'''Dominum utile''' ''(Feudal)'': the right of use and utility of an asset, and to keep the benefits (such as the right to live on the land, and to keep the profits from agriculture).<br><br> |
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The terms derive from [[Latin]] ''dominum'' (domain, dominion), ''directum'' (direction, in the sense of leadership), and ''utile ''(use, utility). |
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<br><br> |
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An asset is defined to mean itself and those things that naturally go with it. For land, that would include buildings, trees, underground resources, etc. It would not include "movable" property, such as wagons or livestock. |
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* The holder of the <tt>dominum directum</tt> is considered the superior (ie, the [[Lord#Feudalism|lord]]); the holder of the <tt>dominum utile</tt> is considered the inferior (ie, the [[vassal]]). |
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* <tt>Dominum utile</tt> includes the right of the holder to keep any income or profit derived from asset. |
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* The transfer of the <tt>dominum directum</tt> does not affect the rights of any holders of <tt>dominum utile</tt>. The holder of a <tt>dominum utile</tt> has no right of transfer (however, there were usually conditions allowed for, such as transfer to a son in the event of death). |
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The definition was constructed from the sources. |
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<ref> |
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{{cite book |
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| last = Shumaker |
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| first = Walter A. |
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| coauthors = George Foster Longsdorf |
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| title = The Cyclopedic Law Dictionary |
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| edition = Second Edition by James C. Cahill |
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| year = 1922 |
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| publisher = Callaghan and Company |
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| location = Chicago |
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}} |
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</ref> |
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<ref> |
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{{cite web |
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| title = Dictionary, Lawyers-and-Laws.com |
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| url = http://dictionary.lawyers-and-laws.com |
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|accessmonthday=March 1 |
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|accessyear=2008 |
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}} |
}} |
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</ref> |
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<ref> |
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{{cite web |
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| title = The Free Dictionary by Farlex |
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| url = http://legal-dictionary.thefreedictionary.com/ |
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|accessmonthday=March 1 |
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|accessyear=2008 |
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}} |
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</ref> |
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<ref> |
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{{cite web |
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| title = Scottish Language Dictionaries |
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| url = http://www.dsl.ac.uk/dsl/ |
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|accessmonthday=March 1 |
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|accessyear=2008 |
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}} |
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</ref> |
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<ref> |
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{{cite web |
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| title = The Records of the Parliaments of Scotland to 1707 |
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| publisher = K.M. Brown et al eds (St Andrews, 2007), 1605/6/39 |
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| url = http://www.rps.ac.uk/ |
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|accessmonthday=February 15 |
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|accessyear=2008 |
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}} |
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</ref> |
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==Additional explanations== |
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The "lord" holding dominum directum may be anyone with sovereign power over the asset, such as a [[monarch]] or other [[nobility]], or an established [[Christian Church]]. |
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==Sources and References== |
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{{Reflist}} |
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==See also== |
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[[Fiefdom]]<br> |
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[[Feudal law]]<br> |
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<br><br> |
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[[Category:Latin legal phrases]] |
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[[Category:Scots law legal phrases]] |
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{{Latin-legal-phrase-stub}} |
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{{Scotland-law-stub}} |
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Latest revision as of 04:05, 7 June 2017
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