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The Digest of Justinian

§7.9.11.pr

Security for Legacy of Use of a House and Desired Cohabitation

Papinianus explains that security must be provided even when the use of a house is bequeathed, and this requirement remains unchanged even if the deceased father wished his heir sons to cohabit with his legatee wife.

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[PAPINIANUS libro septimo responsorum.]

[PAPINIANUS in the seventh book of Opinions.]

§7.9.11.pr

​Usu quoque domus relicto uiri boni arbitratu cautionem interponi oportet: nec mutat,1 si pater heredes filios2 simul habitare cum uxore legataria uoluit.

​Even when the use of a house is bequeathed, a security must be provided according to the judgment of an honorable man; nor does it make any difference if the father wished the sons who were his heirs to live together with his wife, who was the legatee.

Syntax notes2 items
  1. 7.9.11.prnec mutat

    nec mutat (literally, "nor does it change") is used impersonally to mean "it makes no difference" or "the conclusion remains the same," followed by the conditional clause starting with si.

  2. 7.9.11.prheredes filios

    The subject accusative of the infinitive habitare, where heredes ("heirs") stands in apposition to filios ("sons").

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.9.11.pr