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 ?
The federal nature of the tribal rights is demonstrated by and provides for the establishment of reservations and various usufructuary rights, by treaty, statutory agreement or executive order in territory far removed from a particular tribe's historic territory; a situation which commonly occurred, particularly during the removal period.
214) Aboriginal title is a "personal and usufructuary right, dependent upon the good will of the Sovereign" which is a "burden" on the Crown's "present proprietary estate in the land.
able with the notion of usufructuary rights as 'incidents' of native title.
For the English, the negotiation of usufructuary rights to land was central to political authority.
Research on and discussion surrounding the establishment of water rights has emphasized that usufructuary rights include both the right to use and the right to derive profit from water resources.
In this situation, short-term usufructuary rights may be all that is
Radical title was, in the words of the Privy Council in Amodu Tijani, a title which was 'throughout qualified by the usufructuary rights of communities'.
3) In addition, the Land Commission, a relic of Dergue rule, has recently attempted to grant usufructuary rights to housing and farming land to Eritreans equally, regardless of sex, belief, race, or clan.
35) In this dispute, members of the Chippewa Tribe sought, among other things, a declaratory injunction against Minnesota stating that the tribe retained usufructuary rights to hunt, fish, and gather wild rice pursuant to an 1837 treaty.
The most influential element of Maxwell's ideas was the notion that indigenous cultivators had only usufructuary rights over land, while a superior proprietary ownership in all land had once been vested in a native ruler; this ownership, it was believed, now devolved to the British.
Households held usufructuary rights, and in many cases, this interest was passed on to successors.
The land used for these common areas was held by the community with usufructuary rights to all settlers, however, title to the land reserved for common use was most often held by the local government or community but it could be held by the federal government or by an individual.