PERSONAL SERVITUDES IN CONTEMPORARY PROPERTY LAW

Abstract

Personal servitudes are property law institutes with roots in Roman Law. Contemporary property law
systems in Europe have accepted this institute originating from Roman law, and have adapted it so that
it can be incorporated within their national legislations. The paper aims to examine and analyze how
personal servitudes have been adapted and incorporated into the national legislation of European
countries and how the different trajectories of development of national legislation have affected that
incorporation. Drawing from the similarities and differences in the regulation of personal servitudes in
different legal systems, the paper also aims to identify the common characteristics of personal servitudes
in contemporary property law systems in Europe.