'Everyone,' answered David, 'can dispose freely of his own property, at
death as in life. The right of bequest is free and unqualified; but it must
be noted that between husband and wife there is an absolute community of
goods, whence it follows that only the survivor can definitively dispose of
the common property. The right of property in the house, however, cannot be
divided; and it is not allowable to build more than one dwelling-house upon
a house-and-garden plot. Finally, the dwelling-house must be used by the
owner, and cannot be let to another. If the house-plot be used for any
other purpose than as the site of the owner's home, the breach of the law
involves no punishment, and no force will be brought to bear upon the
owner, but the owner at once loses his exclusive right as usufructuary of
the plot. The plot becomes at once, _ipso facto_, ground to which no one
has a special right, and to which everyone has an equal claim. For,
according to our views, there is no right of property in land, and
therefore not in the building-site of the house; and the right to
appropriate such ground to one's own house is simply a right of usufruct
for a special purpose. Just as, for example, the traveller by rail has a
claim to the seat which he occupies, but only for the purpose of sitting
there, and not for the purpose of unpacking his goods or of letting it to
another, so I have the right to reserve for myself, merely for occupation,
the spot of ground upon which I wish to fix my home; and no one has any
more right to settle upon my building-site than he has to occupy my cushion
in the railway, even if it should be possible to crowd two persons into the
one seat. But neither am I at liberty to make room for a friend upon my
seat; for my fellow-travellers are not likely to approve of the
inconvenience thereby occasioned, and they may protest that the legs and
elbows of the sharer of my seat crowd them too much, and that the air-space
calculated for one pair of lungs is by my arbitrary action shared by two
pair. Just so my house-neighbours are not likely to approve of having my
walls and roof too near to theirs, and will resent the arbitrary act by
which I fill the air-space of the town with more persons than the
commonwealth allows.
'Now, in the exercise of my right of usufruct of a definite plot of ground,
I have inseparably connected with this plot something over which I have not
merely the right of usufruct, but also the right of property--namely, a
house. Consequently my right of usufruct passes over to the person to
whom--whether gratuitously or not--I transfer my right of property in the
house. Therefore I can sell, or bequeath, or give away my house without
being prevented from doing so by the fact that I have no right of property
in the building-site.
Public-domain text, read in full here on John Shaqi.
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