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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


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 ?
There is no obvious reason why the usufructuary rights attached to Aboriginal title should not survive the signing of the Treaty.
Arguably, Israel could be viewed as an occupant choosing not to exercise its usufructuary right.
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.
BRZ GmbH), is to hold an auction on behalf of the federal department for public services and sports (BMVLS), selling the usufructuary rights for www.
Households held usufructuary rights, and in many cases, this interest was passed on to successors.
Usufructuary rights are based on the "use it or lose it" premise in which the permit holders must justify their consumption as "reasonable and beneficial," a common requirement with water rights.
Under the new law the right to own land is reserved to the state, but the people now have access to the land in lifetime usufructuary rights.
20) At its core, however, regulated riparianism separates itself from prior appropriation because the usufructuary rights it creates are for a limited time, so that when permits expire new entrants are in a position to seek allocation of the scarce water resource on the basis of a single set of standards.