3. The usufructus terminates by the death of the usufructuary, by two kinds of capitis deminutio, namely, the greatest and the middle, and also by not being used according to the manner and during the time fixed; all which points have been decided by our constitutio.
The usufructus is also terminated if the usufructuary surrenders it to the owner of the property (a cession to a stranger would not have this effect); or, again, by the usufructuary acquiring the property, which is called consolidatio. Again, if a building is consumed by fire, or thrown down by an earthquake, or falls down through decay, the usufructus of it is necessarily destroyed, nor does there remain any usufructus due even of the soil on which it stood.
4. When the usufructus is entirely extinguished, it is reunited to the property; and the person who had the bare ownership begins thenceforth to have full power over the thing.
V. Usus and Habitatio.
The naked usus is constituted by the same means as the usufructus; and is terminated by the same means that make the usufructus to cease.
1. The right of usus is less extensive than that of usufructus; for he who has the naked usus of lands, has nothing more than the right of taking herbs, fruit, flowers, hay, straw, and wood, sufficient for his daily supply. He is permitted to establish himself upon the land, so long as he neither annoys the owner, nor hinders those who are engaged in the cultivation of the soil. He cannot let, or sell, or give gratuitously his right to another, while a usufructuary may.
2. He who has the usus of a house, has nothing more than the right of inhabiting it himself; for he cannot transfer this right to another; and it is not without considerable doubt that it has been thought allowable that he should receive a guest in the house, but he may live in it with his wife and children, and freedmen, and other free persons who may be attached to his service no less than his slaves are. A wife, in the same way, if it is she who has the usus of the house, may live in it with her husband.
3. So, too, he who has the usus of a slave, has only the right of himself using the labor and services of the slave: for he is not permitted in any way to transfer his right to another. And it is the same with regard to beasts of burden.
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