- 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-lat1:7.8.4.pr-7.8.4.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-13
Ulpian discusses who may dwell with the holder of a right of use (usus) of a house, explaining that others may reside there as long as the user does too (even if rent is received), and clarifies that a female user may dwell with her husband and father-in-law even if she marries after the right is established.
[ULPIANUS libro septimo decimo ad Sabinum.]
[ULPIAN, in the seventeenth book on Sabinus.]
ceterum sine eo ne hos quidem habitare posse.1 Proculus autem de inquilino notat non belle inquilinum dici, qui cum eo habitet. secundum haec et si pensionem percipiat, dum ipse quoque inhabitat, non erit ei inuidendum:2 quid enim si tam spatiosae domus usus sit relictus homini mediocri, ut portiuncula contentus sit? sed et cum his, quos loco seruorum in operis habet, habitabit, licet liberi sint uel serui alieni.
However, without him, not even these persons can dwell there. Moreover, Proculus notes concerning a tenant that it is not proper to call one a tenant who dwells with him. According to this, even if he receives rent, as long as he himself also inhabits it, he is not to be grudged; for what if the use of so spacious a house has been left to a man of moderate means, so that he is content with a small portion? But he will also dwell with those whom he employs in his services in place of slaves, even if they are free persons or the slaves of others.
Mulieri autem si usus relictus sit, posse eam et cum marito habitare Quintus Mucius primus admisit, ne ei matrimonio carendum foret, cum uti uult domo. nam per contrarium quin uxor cum marito possit habitare,3 nec fuit dubitatum. quid ergo si uiduae legatus sit, an nuptiis contractis post constitutum usum mulier habitare cum marito possit? et est uerum, ut et Pomponius libro quinto et Papinianus libro nono decimo quaestionum probat, posse eam cum uiro et postea nubentem habitare.4 hoc amplius Pomponius ait et cum socero habitaturam.
On the other hand, if the use has been left to a woman, Quintus Mucius was the first to admit that she can also dwell with her husband, so that she would not have to do without her marriage when she wishes to use the house. For, on the contrary, there was no doubt that a wife could dwell with her husband. What then if it was bequeathed to a widow? Can the woman, after contracting a marriage subsequent to the establishment of the use, dwell with her husband? And it is true, as both Pomponius in his fifth book and Papinianus in his nineteenth book of Questions approve, that she, even marrying afterwards, can dwell with her husband. Furthermore, Pomponius says that she will also dwell with her father-in-law.
- 7.8.4.prceterum sine eo ne hos quidem habitare posse
An infinitive clause of indirect speech. It continues the citation of juristic opinions, with the accusative hos (referring to clientes, etc. in the previous section) as its subject. The pronoun eo in sine eo refers to the holder of the right of use.
- 7.8.4.prnon erit ei inuidendum
An impersonal construction featuring the gerundive inuidendum with the dative ei (referring to the user). Literally 'it must not be envied to him,' in this legal context it means 'one should not begrudge him this' or 'his receipt of rent should not be objected to.'
- 7.8.4.1quin uxor cum marito possit habitare
A subordinate clause introduced by the conjunction quin with the subjunctive possit, dependent on the negated expression of doubt nec fuit dubitatum ('there was no doubt').
- 7.8.4.1posse eam cum uiro et postea nubentem habitare
The participle nubentem modifies the accusative pronoun eam (the woman), functioning either concessively ('even though marrying afterwards') or temporally ('when marrying afterwards').