THE RIGHT OF HABITATION IN ROMAN LAW (HABITATIO)

The right of habitation is a limited right in the right to give habitation authority to someone else. The right of habitation in Roman law is not an independent easement in the Classical Law Period. This right is included under the right of usus. For this reason, in the Classical Law Period, the provisions of usus were applied comparatively. The right of habitation in Iustinianus Law has been removed from the scope of usus and turned into an independent easement right. The right of habitation in the Iustinianus Law is a limited right in kind and is an in ius re aliena with the character of intuitus persona. The right of habitation is established legal act or death-related savings. The right of habitation ends due to reasons such as the expiration of the period, the waiver of the right or the mutatio rei. The rules on the right of habitation in Roman Law are largely the same as those of modern law