Habitatio

Habitatio. The nature of this personal servitude is not obvious. Some jurists confound it with the right to use a house; but Justinian declares it to be quite distinct both from the jus utendi and the jus fruendi. For whilst the jus utendi is one and entire, the habitatio is a series of rights arising from day to day, so that in bequeathing it you make a separate bequest, in fact, for each day; hence, also, it was not extinguished by non-user. justinian added the further distinction, that it might be let, Cum. C.L. 95, and Sand Just.