usufruct

(redirected from Usufructuary Right)
Also found in: Dictionary, Thesaurus, Financial, Encyclopedia.

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.

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 ?
As such, it has been necessary to consider the particular text in pari materia with other legislative enactments and in light of the general historical relationship between the Indians and the federal government in general, and in relation to the particular relationship of the federal government and the tribe claiming usufructuary rights. Third, even where the content and scope extent of the federal action is clear, off-reservation usufructuary privileges involve the balancing and blending of federal and state authority; an analysis that necessarily involves fundamental questions about the nature of the federal system.
These aboriginal title claims are claims to land and the various usufructuary rights practiced are parasitic on the underlying title.
More specifically, the judge ruled that Northrup failed to show that he had usufructuary rights in the ceded territory because he is enrolled as a member of the Fond du Lac Band, which was not a signatory to the 1855 treaty.
This requires us to respect a kind of ownership that animals can have over their habitats; not full-scale individual property rights, which would entail the right to sell for example, but shared usufructuary rights amounting to territorial rights the animals have over habitats they need.
Customary Freehold or Usufructuary Rights: The usufructuary title in Ghana is the highest type of land ownership a subject or individual member of a family can hold in stool/skin or family.
The JVC shall have the full development and usufructuary rights over the 288-hectare property.
Nevertheless, with regards a theoretical framework for the ownership of intellectual property, their intangible rights are forms of usufructuary rights within the definition of manfa 'ah' which are "dispensable with their origin and of separate value are capable of being traded separately" (Abdul GhaniAzmi, 1995: 308).
In the United States, most human groundwater use occurs under some sort of claimed property right, with groundwater users claiming either ownership interests in the groundwater beneath their land or usufructuary rights (16) to pump groundwater and put it to use.
The new land regime attempted to achieve the government's political ends by gradually transforming all farmers, slave or free, into peasant proprietors whose 'traditional' obligation to pay money to the state-understood by the English term 'tax'--stemmed from their investiture with usufructuary rights to land.
(115) Under this legislation, the government owns all the land, (116) and an individual is only endowed with usufructuary rights. (117) Thus, in the event that the government imports 100,000 tons of PCB, citizens have no standing to bring any legal action, as they lack the requisite proprietary rights.
The transition will continue to be bumpy, with arguments about where the proper boundary is between the publicly owned common resource and the usufructuary rights that have been granted to private parties, between the in-place values of water and the consumptive values, and between present uses and future uses.
It has contributed to poor access to usufructuary rights in land.