- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.8.2.pr-7.8.2.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
After stating the definition of use in general, the text discusses the legal issues regarding the use of a house, specifically with whom the user can dwell and whether they can receive a tenant while living there, citing the opinions of Celsus and Labeo.
[ULPIANUS libro septimo decimo ad Sabinum.]
[ULPIANUS, in the seventeenth book on Sabinus.]
Cui1 usus relictus est, uti potest, frui non potest. et de singulis uidendum.
He to whom a use has been bequeathed can use, but cannot enjoy the fruits. And we must consider the individual cases.
Domus usus relictus est aut marito aut mulieri: si marito, potest illic habitare non solus, uerum cum familia quoque sua. an et cum libertis, fuit quaestionis,2 et Celsus scripsit, et cum libertis: posse hospitem quoque recipere, nam ita libro octauo decimo digestorum scripsit, quam sententiam et Tubero probat. sed an etiam inquilinum recipere possit, apud Labeonem memini tractatum libro posteriorum, et ait Labeo eum, qui ipse habitat, inquilinum posse recipere:3 idem et hospites et libertos suos
The use of a house has been bequeathed either to a husband or to a wife: if to the husband, he can dwell there not alone, but also with his family. Whether also with his freedmen was a question; and Celsus wrote that it is also with freedmen, and that he can also receive a guest, for he so wrote in the eighteenth book of his Digests, which opinion Tubero also approves. But whether he can also receive a tenant, I remember was discussed in Labeo’s posthumous works, and Labeo says that he who himself dwells there can receive a tenant; and the same as to his guests and freedmen.
- 7.8.2.prCui
A relative pronoun where the antecedent demonstrative pronoun (here, the dative ei) is omitted.
- 7.8.2.1fuit quaestionis
The genitive quaestionis is a genitive of quality or predicate genitive, meaning "was a matter of question" or "was doubtful".
- 7.8.2.1eum, qui ipse habitat, inquilinum posse recipere
An accusative with infinitive (A.C.I.) construction where eum is the subject accusative of the infinitive posse. The antecedent eum is modified by the relative clause qui ipse habitat, indicating that the person who himself dwells there is able to receive a tenant.