Usufruct Flashcards
What
are
the
rights
of
the
usufruct
over
improvements
he
introduced
on
the
property
held
in
usufruct?
What is usufruct?
a real right, of a temporary character, which ‘ authorizes the holder to enjoy all the utilities which result from the normal exploitation of the property of another in accordance with its destination and which imposes the obligation of restoring at the time specified either the thing itself or in special cases its equivalent.
What are the characteristics of a usufruct?
1) It is a real right
2) Temporary in character
The right is extinguished upon the expiration of the period or Upon death of the usufructuary
3)entitles holder to jus utendi and jus fruendi
4) Subject property is a property of another
Jus in re aliena Serves as a limitation upon the owner’s - right to ownership
5) The usufructuary has an obligation to preserve its form and substance
What alterations are not prohibited in a usufruct?
1) when the improvement can be removed without damage to the property at the end of the usufruct
2 when although the alteration may ne burdensome, it will not cause the successor to spendconsiderable expenses orattention
3.
Manner of creation of a usufruct
① law ②by will expressed in acts inter vivid of last will and testament ③ prescription
The or false. Products which diminish the capital cannot, for
that reason, be considered fruits, unless a
contrary intent between the parties is clear.
True