FREE BOOKS

Author's List




PREV.   NEXT  
|<   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69  
70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   >>   >|  
the same as those just described. 1 A use is a less right than a usufruct; for if a man has a bare use of an estate, he is deemed entitled to use the vegetables, fruit, flowers, hay, straw, and wood upon it only so far as his daily needs require: he may remain on the land only so long as he does not inconvenience its owner, or impede those who are engaged in its cultivation; but he cannot let or sell or give away his right to a third person, whereas a usufructuary may. 2 Again, a man who has the use of a house is deemed entitled only to live in it himself; he cannot transfer his right to a third person, and it scarcely seems to be agreed that he may take in a guest; but besides himself he may lodge there his wife, children, and freedmen, and other free persons who form as regular a part of his establishment as his slaves. Similarly, if a woman has the use of a house, her husband may dwell there with her. 3 When a man has the use of a slave, he has only the right of personally using his labour and services; in no way is he allowed to transfer his right to a third person, and the same applies to the use of beasts of burden. 4 If a legacy be given of the use of a herd or of a flock of sheep, the usuary may not use the milk, lambs, or wool, for these are fruits; but of course he may use the animals for the purpose of manuring his land. 5 If a right of habitation be given to a man by legacy or in some other mode, this seems to be neither a use nor a usufruct, but a distinct and as it were independent right; and by a constitution which we have published in accordance with the opinion of Marcellus, and in the interests of utility, we have permitted persons possessed of this right not only to live in the building themselves, but also to let it out to others. 6 What we have here said concerning servitudes, and the rights of usufruct, use, and habitation, will be sufficient; of inheritance and obligations we will treat in their proper places respectively. And having now briefly expounded the modes in which we acquire things by the law of nations, let us turn and see in what modes they are acquired by statute or by civil law. TITLE VI. OF USUCAPION AND LONG POSSESSION It was a rule of the civil law that if a man in good faith bought a thing, or received it by way of gift, or on any other lawful ground, from a person who was not its owner, but whom he believed to be such, he should acquire it by usucapion-
PREV.   NEXT  
|<   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69  
70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   >>   >|  



Top keywords:

person

 

usufruct

 

transfer

 

legacy

 

acquire

 

persons

 
habitation
 

deemed

 

entitled

 
obligations

servitudes

 

rights

 

sufficient

 

inheritance

 
permitted
 

constitution

 
published
 

accordance

 

opinion

 

independent


distinct
 

Marcellus

 

interests

 

building

 

utility

 
possessed
 

things

 

POSSESSION

 

USUCAPION

 

received


lawful

 

bought

 

ground

 

believed

 

briefly

 
expounded
 

proper

 
places
 

usucapion

 

nations


acquired

 
statute
 

labour

 

cultivation

 

engaged

 

impede

 
inconvenience
 

usufructuary

 
agreed
 
scarcely