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-
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