The Institutes of Justinian by Unknown
page 66 of 272 (24%)
page 66 of 272 (24%)
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besides himself he may lodge there his wife, children, and
freedmen, and other free persons who form as regular a part of his establishment as his slaves. Similarly, if a woman has the use of a house, her husband may dwell there with her. 3 When a man has the use of a slave, he has only the right of personally using his labour and services; in no way is he allowed to transfer his right to a third person, and the same applies to the use of beasts of burden. 4 If a legacy be given of the use of a herd or of a flock of sheep, the usuary may not use the milk, lambs, or wool, for these are fruits; but of course he may use the animals for the purpose of manuring his land. 5 If a right of habitation be given to a man by legacy or in some other mode, this seems to be neither a use nor a usufruct, but a distinct and as it were independent right; and by a consti- tution which we have published in accordance with the opinion of Marcellus, and in the interests of utility, we have permitted persons possessed of this right not only to live in the building themselves, but also to let it out to others. 6 What we have here said concerning servitudes, and the rights of usufruct, use, and habitation, will be sufficient; of inherit- ance and obligations we will treat in their proper places respect- ively. And having now briefly expounded the modes in which we acquire things by the law of nations, let us turn and see in what modes they are acquired by statute or by civil law. TITLE VI OF USUCAPION AND LONG POSSESSION |
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