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Justinian I · The Digest of Justinian §7.8.2.pr-7.8.2.1

Scope of Co-Dwellers and Letting in the Use of a House

Passage 1315 of 9271 · Latin

Summary

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. ] §7.8.2.prCui usus relictus est, uti potest, frui non potest.
[ULPIANUS, in the seventeenth book on Sabinus.] He to whom a use has been bequeathed can use, but cannot enjoy the fruits.
et de singulis uidendum.
And we must consider the individual cases.
§7.8.2.1Domus usus relictus est aut marito aut mulieri: si marito, potest illic habitare non solus, uerum cum familia quoque sua.
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.
an et cum libertis, fuit quaestionis, et Celsus scripsit, et cum libertis: posse hospitem quoque recipere, nam ita libro octauo decimo digestorum scripsit, quam sententiam et Tubero probat.
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.
sed an etiam inquilinum recipere possit, apud Labeonem memini tractatum libro posteriorum, et ait Labeo eum, qui ipse habitat, inquilinum posse recipere: idem et hospites et libertos suos
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.

Notes

  1. §7.8.2.prCui — A relative pronoun where the antecedent demonstrative pronoun (here, the dative ei) is omitted.
  2. §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".
  3. §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.

Cite this passage

Justinian I, The Digest of Justinian §7.8.2.pr-7.8.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.8.2.pr-7.8.2.1

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