usufruct


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Related to usufruct: usufructuary

Usufruct

A Civil Law term referring to the right of one individual to use and enjoy the property of another, provided its substance is neither impaired nor altered.

For example, a usufructuary right would be the right to use water from a stream in order to generate electrical power. Such a right is distinguishable from a claim of legal ownership of the water itself.

See: benefit, betterment

usufruct

the right of enjoying the fruits of property of another person, e.g. the wife of a deceased person living in an estate house until her death.

USUFRUCT, civil law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing.
     2. The obligation of not altering the substance of the thing, however, takes place only in the case of a complete usufruct.
     3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. pg. 1, c. 1, art. 2, p. 76.

References in periodicals archive ?
The devastation brought on by the hurricanes prompted the Institute to review and revise the law of usufruct, but the timing was especially opportune because it also enabled the Institute to review the entire law of usufruct and to determine important areas of the law that needed to be revised for other reasons.
Now two affordable-housing advocates in New Orleans want to revive usufruct in the wake of Hurricane Katrina, so that--in theory, anyway--the 50,000 to 1,000 water-damaged properties in the area can be quickly rehabilitated by the state.
If any of the waters taken for the settlements were state-owned, a violation would arise u nder Article 55, as Israel's practices have largely gone beyond the principles of usufruct within The Hague Regulations context.
There was no profit in being given usufruct of crops from another person's land unless you also had access to that land in order to collect the produce.
Critique: The estate asserted that the decedent's usufruct was an indeterminate interest within the meaning of Regs.
The Minister sponsored the delivery of the first group of investment offices in the new administrative building of Flex Pharmaceutical Industries, which was signed with the sisterly State of Qatar in the usufruct agreement earlier this month.
H E Sayyid Mohammed bin Sultan bin Hamoud al Busaidi, Minister of State and Governor of Dhofar, signed on Wednesday two usufruct agreements for the construction of projects with Abdullah bin Humaid al Ma'amari, chairman of Muscat National Development and Investment (ASAAS).
A senior Omani official inked usufruct agreements for two retail projects in Dhofar.
A usufruct agreement for allocating 600,000 square metres of land has been signed by the Special Economic Zone Authority in Duqm with Little India, which is the master developer of the tourism complex.
The sources told Daily News Egypt that the ministry negotiates with Luxor governorate to allocate the required land for the project on an usufruct system for 25 years.
Wholly foreign-owned entities can be established 'Off-Shore' and acquire usufruct rights in respect of property within their specific zone of establishment.
43 million will be entered under a usufruct agreement, wherein SHFC will pay the landowner in behalf of MTHOA.