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Topic: Usufruct


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  Usufruct -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-23)
Usufruct is the legal right to use and derive profit from property that belongs to another person, as long as the property is not damaged.
Usufruct originates from (The body of laws established by a state or nation for its own regulation) civil law, where it is a real right of limited duration on the property of another.
The holder of a usufruct, known as the usufructuary, has the right to and enjoy the property, as well as the right to receive profits from the fruits of the property.
www.absoluteastronomy.com /encyclopedia/u/us/usufruct.htm   (193 words)

  
 The Practicing Notary, Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary Public Baton Rouge Notary ...
Usufruct may be established for a term or under a condition, and subject to any modification consistent with the nature of usufruct.
The usufruct extends to the increase to the land caused by alluvion or dereliction.
Parents who have a legal usufruct of the property of their children are bound for expenses of litigation concerning that property, in the same manner as if they were owners of it; but reimbursement may be ordered by the court at the termination of the usufruct in cases in which inequity might otherwise result.
www.la-notary.com /civil/civil2_2.html   (4762 words)

  
 Louisiana Usufruct and Right of Habitation
A usufruct over property can be established by contract in which the owner would grant a usufruct over a tract of property for a stated period of time.
A usufruct is created by law in favor of a surviving spouse over the community property owned by the decedent, even though the children of the decedent may have inherited the property as naked owners.
Otherwise, a usufruct terminates at the death of the usufructuary.
www.meocpa.com /usufruct.html   (1522 words)

  
 Consumer Brochures: Do I need a Will? Your estate and Louisiana Law.
Both conditions are subject to the usufruct of the surviving spouse over the community property (but the spouse gets no usufruct over separate property, such as the home in which the surviving spouse and the decedent were living).
The usufruct that a surviving spouse gets over community property where the decedent dies intestate terminates at the earlier of remarriage or the death of that spouse.
Usufruct is the right to use the property of another, including money, land, houses, furniture, vehicles, etc. Usufruct may be created by a will, a contract or by operation of law if a person dies without a will.
www.lsba.org /publications/consumer_brochures__do_i_need_.asp   (1268 words)

  
 Law October 13, 1992 Land Law
Usufruct, the right of use and stay, easement are the cases that affect the owner's rights; they take away the monopoly rights on the proprietorship, due to the individual, intentional agreement or due to the compliance with the law.
The usufruct means the benefit of the product of any estate of which the ownership belongs to another person during a limited time which cannot be longer than the lifetime of the person who has the rights to benefit it.
If, after denying the usufruct's benefit, the usufructuary fraudulently wants to damage the rights of the creditor, the latter can suit to void the usufructuary's denial, unless it is a case of the usufruct's heritage.
cambodialaw.ifrance.com /land/lnd001g.htm   (12695 words)

  
 Legal Definitions of Usufruct, Usufructuary
USUFRUCT - 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.
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.
www.lectlaw.com /def2/u071.htm   (269 words)

  
 Usufructs and Estate Planing
A usufruct grants the holder the right of use of the property for the rest of their life (or a defined period) but not ownership.
Although a usufruct has to be registered at the deeds office too, there is no transfer duty, so all that is payable is the conveyancer’s administration fee.
The usufruct is now left to the son and is calculated the same way as above but based on a fixed term of 1 year.
www.i-focus.co.za /usufruct.htm   (1453 words)

  
 reader
Where the usufruct of clothing is bequeathed, the right not having reference to quantity; it must be said that he ought to make use of it so that it may not be worn out, but he cannot hire it as a good citizen would not employ it in that manner.
It is established that an usufruct is not only lost by forfeiture of civil rights, but that the right of action based on usufruct is also lost; and it makes little difference whether the usufruct was created by law or with the assistance of the praetor.
It is established that an usufruct is terminated by a change of the property to which it belongs; for example, if a bequest was made to me of the usufruct in a house, and the house has been demolished, or burned, the usufruct is unquestionably extinguished.
www.helsinki.fi /~jvarkema/Gratianuksesta/reader.htm   (10807 words)

  
 Baldwin & Haspel: Publications: The Question of Spousal Rights
A usufruct may be on consumables, such as money, or on non-consumables, such as property that may be enjoyed without alteration of its substance.
If the usufruct is on a consumable, then the usufructuary becomes the owner, but at the termination of the usufruct, the usufructuary has a debt to the naked owner.
The usufruct granted by this Section shall be treated as a legal usufruct and is not an impingement upon the legitime and a naked owner shall not have a right to demand security.
www.baldwinhaspel.com /publications-58.html   (3381 words)

  
 Division 1 Usufruct
A usufruct encumbers a thing such that the person for whose benefit the usufruct is established is entitled to use the thing and to acquire the fruits thereof.
A usufruct in a movable is created by transfer of the thing from the owner to the receiver of the usufruct and by entering into a usufruct agreement.
Upon extinguishment of a usufruct, the usufructuary or legal successor thereof is required to return the object of the usufruct to the owner in the state provided for in subsection 218 (1).
www.fifoost.org /estland/recht/lawofproperty/node37.php   (1233 words)

  
 De Usufructu, Page 1
"Usufruct is the right to use and enjoy things belonging to another, provided that the substance of the things used remains unimpaired.
The term "usufruct" was, in Roman times, attached to various forms of servitudes and always attached to the status of slavery.
Today, the usufructuary (state), as already noted, exercises and enjoys the right of usufruct over the labor of the people and has determined that this will be the permanent condition in America by pre-determining the status of our children at birth.
www.restoreliberty.com /usufructupg1.htm   (2632 words)

  
 revrul75-79
Perfect usufruct, which is of things which the usufructuary can enjoy without changing 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, furniture and other movable effects.
Imperfect usufruct, on the contrary, transfers to the usufructuary the ownership of the things subject to the usufruct, so that he may consume, sell or dispose of them, as he thinks proper, subject to certain charges hereinafter prescribed.
As to his portion of the balance of the bonus payment, that is, that subject to the usufruct, she has the ownership of the funds, she has the right to use them, or to dispose of them at her pleasure giving good title thereto, subject only to an accounting at the termination of the usufruct.
www.taxlinks.com /rulings/1975/revrul75-79.htm   (698 words)

  
 revrul74-273   (Site not responding. Last check: 2007-10-23)
During the existence of the usufruct, all the profits and fruits derived from the property belong to the usufructuary.
Under a perfect usufruct, the usufructuary has a right to the profits and fruits derived from the object of the usufruct, but must restore the object at the termination of the usufruct.
Further, it is held that since the taxpayer was acting in a fiduciary capacity with respect to the proceeds subject to usufruct, he can elect in such capacity to treat the proceeds from the involuntary conversion of that part of the property subject to the usufruct as provided under section 1033 of the Code.
www.taxlinks.com /rulings/1974/revrul74-273.htm   (478 words)

  
 Economic activities on indigenous peoples’ lands :: Indigenous Peoples in Brazil - ISA
The exclusive usufruct rights of the indigenous communities over the natural resources of their lands, ensured by the federal Constitution, should be understood as a benefit to the indigenous communities, a special protection and should not be construed as a restriction to their productive activities.
The juridical concept of exclusive usufruct rights is of fundamental importance in understanding legislation that regulates the exploration of natural resources of the indigenous community lands.
On the other hand, the indigenous peoples cannot be impeded from exercising a right (the exclusive usufruct rights to the natural resources and the grubstake mining, panning, collecting and gathering of the minerals (faiscação e cata), activities permitted by the Federal Constitution and by the current Indian Statute) due to the absence of legal regulations.
www.socioambiental.org /pib/english/rights/ativeconi.shtm   (1898 words)

  
 6           Dismemberments of the right of ownership   (Site not responding. Last check: 2007-10-23)
“Usufruct is the right of use and enjoyment for a certain time of the property owned by another as one’s own subject to the obligation of preserving it.
It is the death of the original usufructuary, which puts an end to the usufruct, rather than the death of subsequent persons.
Example: a wife in the will is given usufruct of the property while the bare owner is given to the children.
www.digitallsolution.com /sitemap/CH6.HTM   (1246 words)

  
 Baldwin & Haspel: Publications: Wills
The usufruct does not apply to any separate property inherited by your children.
If you have a spouse and no children (or grandchildren), your spouse inherits your community property, but your separate property will be distributed to your brothers and sisters (or their descendants), with a usufruct in favor of your surviving parent(s), if any.
If you had left property sheltered by the exemption to your children, subject to the survivor's lifetime usufruct, the value of such bequest and future growth would not be included in the survivor's estate, even though the survivor had full use and control as lifetime usufructuary.
www.baldwinhaspel.com /publications-66.html   (1358 words)

  
 mymoney.iafrica.com | wills & trusts Understanding usufruct
Usufruct means the right to use and enjoy the profits and advantages of something belonging to another, as long as the property is not damaged or altered in any way (from the Latin, fructus, meaning ‘enjoyment’.
She is expected to use the usufruct properly for the purposes intended.
While the usufruct is in effect, the children, who are the ultimate heirs of the house, have no right and authority with regard to the use or enjoyment of the asset.
mymoney.iafrica.com /willstrusts/435993.htm   (632 words)

  
 THE INSTITUTES OF JUSTINIAN Book II Titles I-IX
Thus if a usufruct of money be given by legacy, that money, on being delivered to the legatee, becomes his property, though he has to give security to the heir that he will repay an equivalent sum on his dying or undergoing a loss of status.
3 Usufruct determines by the death of the usufructuary, by his undergoing either of the greater kinds of loss of status, by its improper exercise, and by its non-exercise during the time fixed by law; all of which points are settled by our constitution.
Obviously, a usufruct of a house is extinguished by the house being burnt down, or falling through an earthquake or faulty construction; and in such case a usufruct of the site cannot be claimed.
members.aol.com /hsauertieg/institutes/book2.htm   (5541 words)

  
 Civil Code Of Hungary
The beneficiary of usufruct is liable for any damages in the property, unless he is able to prove that he has acted in a manner that can generally be expected in the given situation.
A beneficiary of usufruct may dispose of the expendable objects, business equipment, and livestock existing at the time usufruct is established to a degree justified by normal management; however, he shall replace these when the usufruct is terminated or, if replacement is not possible, reimburse the value thereof.
(2) A right encumbered by usufruct may be canceled or amended to the disadvantage of the beneficiary of usufruct with a contract having an effect extending to the usufruct, but this may be done solely upon the consent of the beneficiary of usufruct.
www.angelfire.com /mn2/reformclub/hck2.html   (18994 words)

  
 Louisiana Law on Probate, Successions and Usufruct
A usufruct is a limited right to the use of a thing.
A usufruct granted in a will can even be worded to allow the person with the usufruct to sell the stock.
To nieces and nephews, or their descendants, with usufruct to parents, if parents are alive.
www.la-legal.com /successions.htm   (1175 words)

  
 Old Twist on Rebuilding New Orleans : NOLA Indymedia
Home owners would have to ensure that they have proper legal protection from the government, and retain all legal rights on their properties, and ensure that the government had a limited period in which they are obliged to repair properties, and a limited maximum period for them to have "usufruct" of the property.
Usufruct is a centuries-old legal concept that gives a person the right to use and profit from property that belongs to someone else.
It is sometimes used here to give a husband or wife control over property after his or her spouse dies.
neworleans.indymedia.org /news/2005/10/6079.php   (2037 words)

  
 Viagers Lapous sellers' guide   (Site not responding. Last check: 2007-10-23)
This is a restricted version of “usufruct”, in the sense that the annuitant has the right to reside in the property, with his or her family, but without the right to make money from the property.
It is only upon the death of the annuitant that the buyer possesses the full property rights, and it is only at this moment that the property will be worth its full value.
However, the relationship between the value of the empty property rights and that of the usufruct can vary greatly during the contract period.
www.viagers-lapous.com /english/seller-guide.htm   (1179 words)

  
 gulfnews.com: Islamic Finance: How to make use of usufruct
The scholars further state that the lessee is required to use the residential property in a manner that conforms to the relevant common practices which include, inter alia, avoid creating nuisance for the neighbours and not damaging the property by misusing it.
If the usufruct is lost by the lessee due to his own negligence whereby the leased asset is impaired wholly or partially, the lessee would be obliged to repair the property and restore the usufruct at its own cost.
Scholars are unanimous that if the usufruct is lost due to impairment of the asset, partially or wholly, but without lessee's negligence, it would be the responsibility of lessor to repair the asset so as to restore the usufruct for lessee or provide him with alternate same quality asset.
www.gulf-news.com /Articles/Business2.asp?ArticleID=122127   (742 words)

  
 IJNL Vol 3 Iss 1: PROPERTY RIGHTS OF NON-PROFIT ORGANIZATIONS
Usufruct is термінове, or a lifetime right that may not be succeeded: its term is restricted with the assets’ full amortization or winding up the NGO.
Ceasing a usufruct occurs the with loss of the item, expropriation by the government or in favor of another proprietor, death or winding up of the usufructuary, mingling proprietorship and usufruct, a usufructuаry’s refusal or non-exercising its rights within the term defined in the instrument creating the usufruct.
Creation of a usufruct does not mean that the proprietor has no right to use these assets, but the usufructuary has priority in any conflict concerning rights in rem.
www.icnl.org /journal/vol3iss1/cr_vinnikoveng.htm   (1711 words)

  
 The registrability of contingent usufructs
Because this section limits the duration of a usufruct to the lifetime of the person in whose favour it was created and further restricts the cession thereof to the owner of the land encumbered, a contingent usufruct is not capable of being registered in theory.
The author starts by drawing a clear distinction between a contingent usufruct and a usufruct in favour of more than one person, before looking at the problem of contingent usufructs and their registrability in practice.
Because a usufruct cannot be registered over a property which is already subject to a usufruct, practice has allowed for the registration of a contingent usufruct.
www.ghostdigest.co.za /code/A_246.html   (245 words)

  
 NOLA Property Owners Beware: "Usufruct" = U So F*cked : NOLA Indymedia
A recent LA Times article reported on the city's (and perhaps the state's) working plan to deploy the concept of "usufruct" to gain control over privately owned properties in the wake of Katrina (originally written by Scott Gold on 10/23/05 and is posted at: http://www.latimes.com/la-na-reclaim23oct23,0,5925433.story?coll=la-story-footer).
This scheme is a serious inversion of the actual concept of usufruct, which historically gives the public rights of usage over private properties.
Under the usufruct scheme, however, the state slowly acquires title to properties with the promise of rebuilding, renovating, and sharing profits with homeowners.
neworleans.indymedia.org /news/2005/10/6151.php   (818 words)

  
 Discussion Thread: Usufructs
I do not know what prompted your student's question, but in Louisiana, a usufruct is 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 advantages which it may produce, provided it be without altering the substance of the thing.
The term "usufruct" is more common in the Roman Law or Civil Law than it is in common law jurisditcitons.
As you mention, aboriginal or native "title" is often called a usufruct, the actual ownership or seisin being in the sovereign and the poor abos and indians only having the right to use their land at the pleasure--or whim--of the sovereign aforesaid.
www.h-net.msu.edu /~law/threads/usufructs.html   (821 words)

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