Humanitext Reader

Justinian I · The Digest of Justinian §7.8.4.pr-7.8.4.1

Taking Rent and Cohabitation with a Husband under Use

Passage 1317 of 9271 · Latin

Summary

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. ] §7.8.4.prceterum sine eo ne hos quidem habitare posse.
[ULPIAN, in the seventeenth book on Sabinus.]\n\nHowever, without him, not even these persons can dwell there.
Proculus autem de inquilino notat non belle inquilinum dici, qui cum eo habitet.
Moreover, Proculus notes concerning a tenant that it is not proper to call one a tenant who dwells with him.
secundum haec et si pensionem percipiat, dum ipse quoque inhabitat, non erit ei inuidendum: 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. §7.8.4.1Mulieri autem si usus relictus sit, posse eam et cum marito habitare Quintus Mucius primus admisit, ne ei matrimonio carendum foret, cum uti uult domo.
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.\n\nOn 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.
nam per contrarium quin uxor cum marito possit habitare, nec fuit dubitatum.
For, on the contrary, there was no doubt that a wife could dwell with her husband.
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.
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.
hoc amplius Pomponius ait et cum socero habitaturam.
Furthermore, Pomponius says that she will also dwell with her father-in-law.

Notes

  1. §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.
  2. §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.'
  3. §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').
  4. §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').

Cite this passage

Justinian I, The Digest of Justinian §7.8.4.pr-7.8.4.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.8.4.pr-7.8.4.1

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