Concept in Definition ABC

The concept at hand can be used with two senses.

Right that allows a person to enjoy goods that are not their own and have an owner

On the one hand, the usufruct, at the request of the right, It will be precisely that right that everyone has to enjoy, to enjoy goods that are not their own, that is, that belong to others, others, who have an owner, but with the strict obligation to preserve them as you have received them.

This situation will imply that the usufructuary has the corresponding asset, has possession in effect, can exploit it, and obtain benefits from it, but is in no way the owner of it.

The usufructuary cannot sell or diminish the good only to enjoy it

That is, if the owner does not authorize it, does not have it legally and formally, the usufructuary has no right to dispose of, it is that is, to pass the property to another, or to diminish in some sense the property in question if it does not have the permission, authorization of the owner. The power to sell it and to dispose of the property according to its

decision the owner will always have it.

The owner will enjoy the property in full when the term of the usufruct expires

Now, the usufruct implies that during a specified temporary period, the owner will not be able to take advantage of the good object of usufruct since the right to enjoy it and to achieve its benefits will be of the usufructuary. Once it is extinguished, the usufruct ends, the owner will have the full benefit of the property.

For example, a Department, a farm, a house can be the object of usufruct, the property of the thing in question will always remain, without any type of modification, unless there is in the middle a sale, owned by the owner or owner, who is the one who will decide on it, dispose of it, tax it, rent it or assign it in will. But while it is its sole owner and possessor, it can decide that someone lives in it, that is, the usufructuary may own it but in no way will it be his. He can use it, enjoy it, obtain economic benefits from it, both in money and in kind, but not You will have the full right as the owner, therefore, you will not be able to sell it, for example, without having the full consent of your owner.

Rights and obligations of the owner-usufructuary relationship

Both the usufructuary and the owner, in a usufruct relationship, must respect certain rights and observe a series of obligations towards the other party.. In the case of the usufructuary to enjoy it, obtain benefits, if so provided and the right to improve the thing, although he must also keep it in shape and substance, present a warranty and return it in time when the term of the usufruct is over.

Grounds for termination of the usufruct

The usufruct may come to an end for various reasons, among which the following stand out: death of the usufructuary, this is gives at the request of a life usufruct which establishes the beneficiary will obtain the benefits of the asset while it is alive; when the term of validity reaches its final term, this occurs in those cases in which a usufruct with term is stipulated; the usufructuary renounces his title; the property object of usufruct is lost or extinguished; prescribes the deal signed in a timely manner; the property of the good and the usufruct become the same person.

And in the case of the owner, allow the usufructuary to exercise his position freely, as long as, of course, all that action respects his property without suffering any type of damage.

Roman origin

The origin of the usufruct is certainly ancient and dates back to the 4th century BC, at the time of Roman empire. Through it, it was guaranteed that a widow obtained what was due to her in order to continue living as she did and also ensure the corresponding part of the inheritance to the children.

Utility, fruit or benefit that is obtained from something

And on the other hand, the usufruct turns out to be that utility, fruit or benefit that is obtained from something. A business is generally the source that someone has for it to achieve fruits, profits, benefits.

Issues in Usufruct