usufruct

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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 ?
In addition, legal recognition of the water permit holders' usufructuary rights in water arguably gives standing to the environmental pollution victims.
stated that the interest of the natives in their land was a "personal and usufructuary right, dependent upon the good will of the Sovereign.
at 983 (discussing Roman usufructuary rights, which also could not be sold to third parties, and which Epstein attributes to a fear of "more intensive or destructive use[s] by the new party in possession").
The Limited Application of the Property Rights Analysis: Off-Reservation Usufructuary Rights
As described below, many court decisions and legal commentators have recognized that the tribes' reservation of these usufructuary rights includes a corresponding reserved right to the maintenance and well-being of those resources, a right which includes protection of the habitat upon which such resources depend.
The instream water rights provisions in the state water code enacted in 1987 does not sufficiently balance the needs of the aquatic environment with the usufructuary rights of appropriators.