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.

Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

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References in periodicals archive

In accordance with the Law, a holder of a usufruct or Musataha right for a term exceeding ten years may, without the freehold owner's consent, dispose of such right, including by way of mortgage, and the freehold owner of the land may not mortgage the same, except with the consent of the holder of the usufruct or Musataha right.

Foreign Ownership of Land in Abu Dhabi: A Major Reform

and other stall holders in 1987, and alienate its right of usufruct, among others;

Understanding Manila Seedling's usufructuary rights

CAUSES AND EFFEFCTS OF THE 2010 REVISION TO THE LAW OF USUFRUCT

2010 revision of the law of usufruct

THE UNUSUAL term usufruct comes from the Latin words usus and fructus, meaning "use" and "fruit." Napoleon converted the use of other people's figurative fruit into a legal concept, by which an owner of a property could sell or lease his right to profit from it to a second party.

Fruit use: eminent domain in New Orleans

Under Article 55 of the Hague Regulations, an occupying state obtains the right to administer a state's immovable properties such as public buildings, real estate and forests "in accordance with the rules of usufruct." [53] While the Hague Regulations provide no express definition of usufruct, the term is generally defined as "the right of using and enjoying the property of other people without the detriment to the substance of the property." [54] Article 55 places no express limit on how the occupant may use the property, unlike Articles 52 and 53, which are specifically linked to the needs of an occupying force or military uses.

COMPENSATION AS PART OF EQUITABLE UTILIZATION IN THE ISRAELI-PALESTINIAN WATER CONTEXT

The Indian tradition of corporate, usufruct land holding also clashed with English traditions of personal privatization and made economic success difficult.

Dispossession by Degrees: Indian Land and Identity in Natick, Massachusetts, 1650-1790

* Decedent's estate denied prior transfer tax credit for usufruct In Carter,(128) the decedent and his spouse were killed in an automobile accident.

Cases and rulings on the marital deduction, and miscellaneous estate and trust issues

In the first half of this year, the Special Economic Zone Authority of Duqm (SEZAD) signed 34 usufruct pacts.

DUQM ZONE: LEADING OMAN'S ECONOMIC DEVELOPMENT CHARGE

The Salalah Free Zone (SFZ) recently signed a usufruct subcontract agreement for two new projects in food and import-export trade sectors with an investment of $19 million, said a report.

Salalah Free Zone signs agreement for two new projects

The state will not bear any burden of granting land to investors to set up solar and wind power plants, but actually it would benefit financially from offering land for usufruct for 20 or 25 years.

Benban solar park to be linked to national grid by September: NREA head