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Authors
Advisor(s)
Abstract(s)
Emphyteusis is a legal institution with historical character that has been
registered in different types of circumstances. In the 1850s, Portuguese
liberals sought to associate the Portuguese colonia contract from Madeira
with emphyteusis. By the 1880s there was a shift in the focus but the valuation
and property rights of the improvements of the colono remained the common
element of political and legal debate. In line with recent studies which have
suggested an agenda for researching the imperfect nature of land ownership,
while pointing out that the historical changes that occurred in the property
rights were not only the result of the changes introduced in the law (Congost,
2007), the thesis of this chapter is that those debates and attempts at reform
were linked to the context of the time period between the 1850s and the 1880s,
which was characterized by changes in relative prices that required adaptation
to land use. This interfered with the incentives generated by the valuation of
the improvements of the colono and the risks taken by the landowners in the
colonia contract. There were similarities between a number of these issues
and the ones being debated in England.
Description
Keywords
Colonia Colonia contract Emphyteusis Madeira (Portugal) . Faculdade de Ciências Sociais
Citation
Câmara, B. (2018). The Colonia Contract: Ambiguity between Sharecropping, Fixed Rent and Emphyteusis. In Agrarian Change and Imperfect Property: Emphyteusis in Europe (16th to 19th centuries) (pp. 263-285).
Publisher
Brepols Publishers