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LSDefine

Simple English definitions for legal terms

legal usufruct

Read a random definition: Court of Star Chamber

A quick definition of legal usufruct:

A legal usufruct is a right to use and enjoy someone else's property without damaging or diminishing it for a period of time. It is similar to being a life tenant, where the owner of the property is the naked owner. In Roman law, it was considered a personal servitude, but in modern civil law, it is a real right. A quasi-usufruct is a right to consume things that cannot be used without being expended or consumed, such as money or food.

A more thorough explanation:

Legal usufruct is a legal term that refers to the right to use and enjoy the fruits of another's property for a period without damaging or diminishing it, although the property might naturally deteriorate over time. This right is similar to a life tenancy, where the owner of the usufruct is allowed to use and enjoy the property, but the owner of the property is the naked owner.

For example, if a person owns a piece of land, they can grant legal usufruct to another person, allowing them to use the land for a specific period without damaging it. The usufructuary can use the land to grow crops or build structures, but they cannot sell or damage the land in any way.

Legal usufruct can also be established by operation of law, such as the right of a surviving spouse to property owned by the deceased spouse. This is known as a legal usufruct and is granted automatically by law.

Another type of usufruct is quasi-usufruct, which is a right to consume things that cannot be used without being expended or consumed, such as money or food. Unlike legal usufruct, quasi-usufruct involves alteration and diminution of the property used. For example, if a person grants quasi-usufruct over a sum of money, the usufructuary can use the money but must repay the same amount to the naked owner at the end of the usufruct.

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