ЗАПАЖАЊА О ПРАВУ СТАНОВАЊА (HABITATIO) У РИМСКОМ ПРАВУ
REMARKS ON HABITATIO IN ROMAN LAW

Summary/Abstract: This paper analyses legal texts from classical and post-classical Roman law concerning the right of habitation (habitatio), with a particular focus on its existence as an independent legal institute. The author highlights the features that distinguish habitatio from usufruct and usus, arguing that some classical jurists already regarded it as a separate legal construct. Special attention is given to the question of whether the holder of habitatio could transfer the right to reside to a third party for compensation. Although explicit recognition of this legal capacity appears only in Justinian law, indications supporting this possibility can already be found in the classical legal texts of Labeo and Ulpian. The paper seeks to clarify this legal controversy and contribute to the understanding of the evolution of habitatio in Roman law.

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