{"id":8605,"date":"2017-11-19T21:29:02","date_gmt":"2017-11-19T21:29:02","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8605"},"modified":"2018-06-07T01:19:00","modified_gmt":"2018-06-07T01:19:00","slug":"usufruct","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8605","title":{"rendered":"usufruct -the right to the use, enjoyment, profits, and avails of property belonging to another"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is continued from\u00a0Property<\/a>\u00a0 >>>>\u00a0Ownership<\/a>\u00a0>>>>\u00a0Various Forms of Ownership, Interest, and Estates<\/a>\u00a0>>>> Forms of Qualified\u00a0 (less than absolute) Ownership<\/a>\u00a0>>>> Imperfect Ownership<\/a>:<\/strong><\/span><\/p>\n

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usufruct<\/span>:<\/span><\/strong><\/span>
\n (yoo-ze-frakt)<\/span>
\n n<\/em>. [fr. Latin usufructus]<\/span>
\n (17c)<\/span><\/p>\n

1.<\/strong> Roman & civil law<\/em>. <\/span>A right for a certain period to use and enjoy the fruits of another\u2019s property without damaging or diminishing it, but allowing for any natural deterioration in the property over time.\u00a0 *\u00a0 In Roman law, the usufruct was considered a personal servitude, resulting in a real right.\u00a0 In modern civil law, the owner of the usufruct is similar to a life tenant, and the owner of the property burdened is known as the naked owner<\/em>.<\/span> La. Civ. CODE: art. 535<\/a>.<\/span><\/strong> \u2014 aka<\/span> perfect usufruct<\/span><\/strong><\/em>; usufructus<\/strong><\/em><\/span>; ususfructus<\/strong><\/em><\/span>; (in Scots law)<\/span> liferent<\/strong><\/em><\/span>.\u00a0 Cf. HABITATION (3). [1]<\/span><\/span><\/p>\n

1. The right to the use, enjoyment, profits, and avails of property belonging to another. Winsberg v Winsberg<\/em>, 233 La 67, 96 So 2d 44<\/span>.<\/strong> [2]<\/span><\/p>\n

1. The right to the use, enjoyment, or profits of another’s property.<\/strong> [3]<\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from R.W. Leage’s<\/span>\u00a0Roman Private Law<\/em><\/a>\u00a0 (C.H. Ziegler ed., 2d ed. 1930):<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201c<\/span>Usufructus is . . . the right of using and enjoying property belonging to another provided the substance of the property remained unimpaired.\u00a0 \u00a0More exactly, a usufruct was the right granted to a man personally to use and enjoy, usually for his life . . . , the property of another which, when the usufruct ended, was to revert intact to the dominus or his heir.\u00a0 It might be for a term of years, but even here it was ended by death, and in the case of a corporation (which never dies) Justinian fixed the period at 100 years.\u00a0 A usufruct might be in land or buildings, a slave or beast of burden, and in fact in anything except things\u00a0<\/span><\/span><\/strong>which were destroyed by use . . . , the reason, of course, being that it was impossible to restore such things at the end of the usufruct intact . . . .<\/span>\u201d<\/strong> [4]<\/span><\/p>\n

Types of Usufruct:<\/span><\/strong><\/p>\n

legal usufruct<\/span>:<\/span><\/span>
\n<\/strong>(1886)<\/span><\/span><\/p>\n

1.<\/strong>\u00a0<\/span>A usufruct established by operation of law, such as the right of a surviving spouse to property owned by the deceased spouse.<\/span> La. Civ. Code\u00a0<\/a><\/strong><\/span>art. 890.<\/strong><\/p>\n

quasi-usufruct<\/span>:<\/span><\/span><\/strong>
\n (1812)<\/span><\/p>\n

l. A right to use property that cannot be used without being expended or consumed, such as money or food.\u00a0 *\u00a0 Unlike an ordinary usufruct, a quasi-usufruct actually involves alteration and diminution of the property used.<\/strong><\/span> \u2014 aka<\/span> imperfect usufruct<\/span><\/strong><\/em><\/span>.<\/span><\/span><\/p>\n

2.<\/strong> Louisiana law.<\/em> <\/span>A usufruct over consumable things, such as money or harvested crops, the value of which must be delivered to the naked owner at the end of the usufruct\u2019s term.<\/span> La. Civ. Code art. 538<\/a>.\u00a0 *\u00a0 The usufructuary has the right to consume or alienate the consumables and, at the end of the usufruct, to deliver to the naked owner either the value that the things had\u00a0<\/span><\/strong><\/span>when the usufruct began or things of the same quantity and quality. <\/span><\/strong>[1]<\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0James Adley’s<\/span>\u00a0Introduction to Roman Law<\/em><\/a> 193 (1881):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“The Roman jurists, therefore, would not acknowledge a usufruct of money; though, in their desire to carry out the wishes of testators, they came at length to recognize a quasi-usufruct.\u00a0 For testators, being seldom learned in the law, would often set forth as legacies in their wills the usufruct of a designated sum . . . . In such a case the person named as legatee was allowed to receive the amount . . . on giving security that when he died the same amount should be paid out of his own estate to the heres, the heir of the testator. The relation here, though bearing some resemblance to the usufruct, was really quite different; the person who received the money became absolute owner of it; the heir had no ownership, nothing but the assurance of receiving an equal amount at some future time.<\/span>\u201d<\/strong> [5]<\/span><\/p>\n

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References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is compiled in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]: Black’s Law Dictionary <\/a><\/span><\/strong>Deluxe<\/b><\/span><\/a><\/em> Tenth<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em> by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4 <\/span><\/strong><\/p>\n

[2]: Ballantine\u2019s Law <\/a><\/span><\/strong>Dictionary\u00a0<\/b><\/span><\/a><\/strong>with<\/b><\/span><\/a><\/em> Pronunciations<\/b><\/span><\/a><\/em> Third Edition<\/a>\u00a0by James A. Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[3]:\u00a0\u00a0Ballantine\u2019s Law Dictionary <\/a><\/span><\/strong>Legal<\/b><\/span><\/a><\/em> Assistant<\/b><\/span><\/a><\/em> Edition<\/b><\/span><\/a><\/em>
\nby Jack Ballantine\u00a0<\/span><\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/span><\/em>Doctored<\/span><\/a><\/strong>\u00a0<\/span><\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[4]\u00a0R.W. Leage, Roman Private Law<\/em><\/a>\u00a0181-82 (C.H. Ziegler ed., 2d ed. 1930).<\/strong><\/span><\/p>\n

[5]:\u00a0James Adley, Introduction to Roman Law<\/em><\/a> 193 (1881).<\/strong><\/span><\/p>\n

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Back to\u00a0Forms of Qualified\u00a0 (less than absolute) Ownership<\/a><\/span><\/strong><\/span><\/p>\n

Back to\u00a0Various Forms of Ownership, Interest, and Estates<\/a><\/span><\/strong><\/span><\/p>\n

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