The Institutes of Justinian by Unknown
page 65 of 272 (23%)
page 65 of 272 (23%)
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by his undergoing either of the greater kinds of loss of status,
by its improper exercise, and by its non-exercise during the time fixed by law; all of which points are settled by our consti- tution. It is also extinguished when surrendered to the owner by the usufructuary (though transfer to a third person is in- operative); and again, conversely, by the fructuary becoming owner of the thing, this being called consolidation. Obviously, a usufruct of a house is extinguished by the house being burnt down, or falling through an earthquake or faulty construction; and in such case a usufruct of the site cannot be claimed. 4 When a usufruct determines, it reverts to and is reunited with the ownership; and from that moment he who before was but bare owner of the thing begins to have full power over it. TITLE V OF USE AND HABITATION A bare use, or right of using a thing, is created in the same mode as a usufruct, and the modes in which it may determine are the same as those just described. 1 A use is a less right than a usufruct; for if a man has a bare use of an estate, he is deemed entitled to use the vegetables, fruit, flowers, hay, straw, and wood upon it only so far as his daily needs require: he may remain on the land only so long as he does not incon- venience its owner, or impede those who are engaged in its cultivation; but he cannot let or sell or give away his right to a third person, whereas a usufructuary may. 2 Again, a man who has the use of a house is deemed entitled only to live in it himself; he cannot transfer his right to a third person, and it scarcely seems to be agreed that he may take in a guest; but |
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