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Law, Lawyers, and HumanismSelected Essays on the History of Scots Law, Volume 1$
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John W Cairns

Print publication date: 2015

Print ISBN-13: 9780748682096

Published to Edinburgh Scholarship Online: January 2018

DOI: 10.3366/edinburgh/9780748682096.001.0001

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Craig, Cujas, and the Definition of Feudum: Is a Feu a Usufruct?

Craig, Cujas, and the Definition of Feudum: Is a Feu a Usufruct?

(p.401) 14 Craig, Cujas, and the Definition of Feudum: Is a Feu a Usufruct?*
Law, Lawyers, and Humanism

John W Cairns

Edinburgh University Press

This chapter is devoted to the disagreement of Thomas Craig of Riccarton with Jacques Cujas’ Romanist view that a feu (feudum or fief) was the grant of a usufruct of property belonging in dominium to the grantor. The chapter is divided into three sections. The first section briefly discusses Craig and Jus feudale, not only because author and work deserve wider recognition, but also because an understanding of the nature of Jus feudale is important in explaining the disagreement with Cujas. The second section explores the differences between Cujas and Craig. The concluding section attempts to explain the differences between Craig’s and Cujas’ definitions, and places them in a wider context.

Keywords:   Scots law, Thomas Craig of Riccarton, Jacques Cujas, feu, grants, fief, Jus feudale

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