What is the Meaning & Definition of usufruct

The concept that we are dealing with two senses can be used.

Law that allows a person to enjoy goods that are not themselves and have an owner

On the one hand, the usufruct, at the behest of the right, will be precisely that right having everyone enjoy, enjoy goods that are not themselves, or are other, unrelated, have an owner, but with strict duty to preserve them as you have received them.
This situation implies that the usufructuary has the good appropriate, indeed has possession, can exploit it and benefit from it, but in no way is its owner.

The usufructuary cannot sell or reduce the single well enjoy it

Or if the owner does not authorize it, does not have it in a legal and formal way, the usufructuary does not have any right to dispose of, i.e., move the property to another, or decrease in some sense the good in question if you don't have permission, authorization from the owner. The owner of the same will have the power to sell it and have the good according to its decision always.

The owner will enjoy the good in full when the period of the usufruct is extinguished

Usufruct implies, however, that during a specified time period, the owner, not can take advantage the good object of usufruct already that the right to enjoy and achieve its benefits will be of the usufructuary. Once it expires, the usufruct is complete, the owner shall have the full benefit of the good.
For example, a Department, a hacienda, a House may be subject to usufruct, the property of the thing in question will remain always, without any modification, except that it has in the Middle a sale, property of the owner or owner, who is who will decide about it, will have it, taxed it, rent it or lease it in Testament. But while it is its sole owner and holder can decide that someone living in it, i.e., the usufructuary may possess it but in no way it will be him. You can use it, enjoy it, monetize from it, both in money and in kind, but it won't have the full right as the owner, therefore not sell it, for example, without the full consent of their owner.

Rights and obligations of the usufructuary-owner relationship

The usufructuary and the owner, in a relationship of usufruct, both they must respect certain rights and observe a series of obligations to the other party. In the case of the usufructuary of enjoy the same benefits, if can thus has it and when ends the period of the usufruct right improve the thing, although you must also keep in form and substance, submit a warranty and return it in time.

Grounds for termination of the usufruct

The usufruct may come to an end for several reasons, among them: death of the usufructuary, this is given at the behest of a lifetime usufruct which the beneficiary States will get the benefits of good while you are alive; When the term reaches its deadline, this occurs in those cases in which stipulates a usufruct with term; the usufructuary renounces his title; lost or extinguished the good subject to usufruct; prescribes the signed deal appropriately; good ownership and usufruct become the same person.
And in the case of the owner, to permit the usufructuary to exercise its position freely, provided, of course, all this action respects your property without suffering any damage.

Roman origin

The origin of the usufruct is certainly old and dates back to the 4th century BC, at the time of the Roman Empire. Through it is guaranteed that a widow would be what was to keep on living as he did it and also make the corresponding part of the inheritance to the children.

Utility, fruit or benefit that comes from something

And on the other hand the usufruct turns out to be that utility, fruit or benefit that comes from something. A business is generally the source that someone has to of the same fruits, utilities, benefits.
Article contributed by the team of collaborators.

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