A REGULAÇÃO DA ENFITEUSE OU AFORAMENTO PELO DIREITO ROMANO-CANÔNICO E MONÁRQUICO EM PORTUGAL EM FINS DO SÉCULO XIII E COMEÇO DO XIV: PREDECESSORES DA ENFITEUSE NO BRASIL

Abstract

The emphyteusis is an ancient institution, but whose rules that influenced the West were established by Roman law. With the end of the Western Empire was mainly that the Christian Church kept alive the memory of this law and other legacies of the ancient world. This institution, from the Portuguese law in the Middle Ages, was present as a way to earn income by those who owned large tracts of land in colonial Brazil, in public or private. We study here the Romancanonical regulation as a contribution to the formation of rules that have worth in colonial Brazil and still influence the existence of this legal institution.