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Definitions
Dominum directum (Feudal): the right of the lord (ie, the right to direct) in the disposition of an asset (typically land).
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).
The terms derive from
Latin dominum (domain, dominion),
directum (direction, in the sense of leadership), and
utile (use, utility).
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.
- The holder of the dominum directum is considered the superior (ie, the lord); the holder of the dominum utile is considered the inferior (ie, the vassal).
- Dominum utile includes the right of the holder to keep any income or profit derived from the asset.
- The transfer of the dominum directum does not affect the rights of any holders of dominum utile. The holder of a dominum utile has no right of transfer (however, there were usually conditions allowed for, such as transfer to a son in the event of death).
The definition was constructed from the sources.
Additional explanations
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.
Sources and references
See also
Category:Latin legal phrasesCategory:Scots law legal phrases
