Usufruct Rights and Legal Distinctions

The usufruct is a legal right that allows a person to use or benefit from a property while the ownership remains with another person. It is usually defined for the duration of the usufrauctor’s lifetime or for a specific period. It differs from the right of ownership, which involves full ownership of the property; the usufruct right is limited to restricted use and disposal. Generally, it cannot be sold or inherited unless officially registered, which is typically a requirement for it to be enforceable. It is used in situations such as retaining the right to use a property when selling part of the ownership or regulating relationships similar to leasing. The usufructuary can rent or invest the property, but their rights are limited to usage and do not include ultimate disposal or sale. The usufruct ends upon the death of the usufructuary, the destruction of the property, an agreement between the parties to revert the property to the owner, or at the end of the specified period.

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