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曾经在欧洲历史上长期存在的公地制度,是以公地共同体成员的财产权利为基础的。领主的佃农拥有对开垦地——条田的使用权,共同体的习惯法保护每户条田的面积不受侵蚀,条田内的种子、庄稼和收割后尚未入仓的粮食,也受到保护。共同体成员对于未开垦公共地的权利是集体性拥有,再依据拥有条田的多少、房屋的多少以及其他习惯性权利而将在公共地上取柴火、木材、放牧牲口的权利量化到每一户。在庄稼收割后或休耕期内的开垦地上放牧牲口也是公共权利的重要部分。领主尽管名义上是其庄园内所有土地的主人,但是,他的直领地也经常以条田的形式混杂于村民们的条田之间,他对公共地的权利也受到习惯法的限制,他不能任意侵犯其他人的公共权利。
The system of commons that once existed for a long time in European history was based on the property rights of members of the commons. The lords’ tenant farmers have the right to use the reclaimed land, and the customary law of the community protects the area of each household from erosion. The seeds, crops and grain not harvested after the harvest are also protected. Community members collectively own the rights to uncultivated public land and quantify the right to firewood, timber and animal husbandry on public land to each household based on the number of possessions, the number of houses and other customary rights. Grazing livestock on reclaimed land after harvest or during fallow periods is also an important part of public rights. Although the lord was nominally the owner of all the lands in his estate, his direct land was often interwoven with the fields of villagers in the form of barns, and his rights to public lands were also subject to the customary law, Can not arbitrarily violate the public rights of others.