What Is A Usufruct Agreement

Art. 602. The expenses, costs and debts of the shares in connection with the usufruit are borne by the usufruit. (512) According to Roman law, usufruit was a kind of personal servitude (servitutes personarum), a benevolent right belonging to another. The usufruit never had possession of this property (based on what he never owned, he did it by the owner), but he had an interest in the property itself for a period, either a term of years or a lifetime. Unlike the owner, the usufruitier did not have the right to alienation (abusus), but he could sell or lease his usufruit interests. Although a usufruit does not have title to the property, it was able to bring a discharge action in the form of an amended prohibition of possession (prohibition order). Article 610. A usufruit is not erased by misuse of the object in the usufruit; However, if the abuses seriously injure the owner, the owner may demand that the case be served on him, pledging to pay the net proceeds each year to the usufruit, after deducting the costs and allowances that may be granted to him for his administration. (520) A usufruit combines the two property rights of usus and fructus.

The usage refers to the right to use something directly without damaging or modifying it, and fructus refers to the right to enjoy the fruits of the property used – that is, to enjoy the property by renting it, selling crops produced by it, asking for entry, or something like that. Usufruct is recognized only in a few jurisdictions in North America, such as Louisiana. For example, if a party has a usufruit in a property, it has the full right to use or rent it and to collect the rental income without sharing it with the actual owner while the usufruit is in effect. Art. 591. When usufruit is formed on a herd or herd, usufruit is required to replace animals that die each year from natural causes or are lost due to predator frenzy. If the animals on which the usufruit insists were all to perish, without fault of the brauche, because of a contagious disease or other unusual event, the usufruit would respect its commitment by providing the owner with the remains that could have been saved from the accident.

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