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Understanding Usufruct Rights and Types

The document discusses the concept of usufruct under Indian law. It defines usufruct as giving the right to enjoy another's property while preserving its form and substance. Usufruct involves the transfer of jus utendi (right to use) and jus fruendi (right to fruits/profits) to the usufructuary, while the owner retains jus disponendi (right to dispose). The document outlines the essential characteristics, natural characteristics, and accidental characteristics of usufruct and provides classifications of usufruct by origin, quantity, number of persons enjoying the right, quality of objects, and more. It also discusses rules governing usufruct.

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83 views3 pages

Understanding Usufruct Rights and Types

The document discusses the concept of usufruct under Indian law. It defines usufruct as giving the right to enjoy another's property while preserving its form and substance. Usufruct involves the transfer of jus utendi (right to use) and jus fruendi (right to fruits/profits) to the usufructuary, while the owner retains jus disponendi (right to dispose). The document outlines the essential characteristics, natural characteristics, and accidental characteristics of usufruct and provides classifications of usufruct by origin, quantity, number of persons enjoying the right, quality of objects, and more. It also discusses rules governing usufruct.

Uploaded by

PeanutButter 'n Jelly
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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  • Usufruct Introduction
  • Details of Usufruct
  • Rules Governing Usufruct

`Title VI - Usufruct

Art 562.

Usufruct - gives a right to enjoy the property of another,


- with the obligation of preserving its form and substance

Three fundamental rights appertaining to ownership


1. Jus Disponendi - dispose
2. Jus Fruendi - fruits
3. Jus Utendi - use
Combination of Jus Utendi and Jus Fruendi = Usufruct
Jus Disponendi = Naked Ownership

In usufruct - only the jus utendi and jus fruendi is transferred to


usufructuary
Owner - maintain jus disponendi / power to alienate.

Formulae
1) Full Ownership - naked ownership (jus dispodendi)
plus usufruct (jus fruendi and jus utendi)
2) Naked Ownership - full ownership minus usufruct
3) Usufruct - full ownership minus naked ownership

Characteristics / elements of Usufruct

Essential Characteristics - without which there can be no usufruct


1) Real right (registered / not)
2) Temporary in nature or duration
3) Purpose is to enjoy the benefits and derive all advantages from the
object as a consequence of normal use / exploitation.
Natural characteristics - ordinarily present, stipulation could eliminate
1) The obligation of preserving the form and substance of the thing
Accidental characteristics - maybe present / absent depending on
stipulation

1) Whether pure / conditional usufruct


2) Number of years it will exist
3) Whether in favour of one person / several.

Reasons for conserving form and substance


1) prevent extraordinary exploitation
2) prevent abuse
3) prevent impairment

Object of Usufruct
- real or personal
- sterile or productive
- maybe created over right and it has an independent existence

Art 563

Classification of Usufruct as to Origin


1) Legal - created by law
- Usufruct of parents over the property of their unemancipated
children.
2) Voluntary / Conventional
- By will of parties inter vivos
- created Mortis Causa
3) Mixed / Prescriptive - created by both law and act of person
- e.g - usufruct acquired by acquisitive prescription.

Registration of usufruct over real property - usufruct over real property


must be duly registered in order to bind innocent 3rd parties.

Art 564
Classification of usufruct according to quantity or extent
1) as to fruits - total or partial (depending on whether all fruits are
given or not)
2) as to objects - universal (entire patrimony); singular / particular
(individual thing are included)
Classification of usufruct as to number of persons enjoying the right
1) simple - only one person enjoys
2) multiple - several usufructuaries enjoy

- simultaneous - at the same time


- successive - one after the other

Usufruct created by donation, all the donees must be alive or at least


already conceived.
Testamentary succession - only 2 successive usufructuaries both must
be alive or conceived at the time of testator's death.
Classification of usufruct as to the quality or kind of objects involved.
1) usufruct over rights - right must not be strictly personal or
intransmissible.
- right to receive future support - cannot be an object of usufruct.

2) usufruct over things


- Normal Usufruct (perfect or regular) - usufruct over non
consumable things
where the form and substance are preserved.
- Abnormal Usufruct (imperfect or irregular / quasi-usufruct) usufruct over
consumable property
Art 565 - Rules governing the usufruct

Rules governing a usufruct


1) Agreement of parties / title giving the usufruct - thus the usufruct
may be alienated by agreement of parties.
2) In case of deficiency apply the Civil Code.

Conflict between the will and codal provision - the will shall prevail

`Title VI - Usufruct Art 562.  Usufruct - gives a right to enjoy the property of another, - with the obligation of preser
1) Whether pure / conditional usufruct 2) Number of years it will exist 3) Whether in favour of one person / several.  Re
- simultaneous - at the same time - successive - one after the other  Usufruct created by donation, all the donees must be

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