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Legal Definitions - usufruct

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Definition of usufruct

Usufruct is a legal term that refers to the right to use and benefit from a property that belongs to someone else. The person who enjoys the usufruct is called the usufructuary.

There are two types of usufruct:

  • Perfect usufruct: This is when the property is used without changing its nature. For example, if someone has the usufruct of a house, they can live in it and use it as if it were their own, but they cannot make any major changes to the structure of the house.
  • Imperfect usufruct or quasi-usufruct: This is when the property cannot be used without being consumed. For example, if someone has the usufruct of a fruit tree, they can eat the fruit that grows on the tree, but they cannot sell the tree or cut it down.

The usufructuary has a responsibility to take care of the property and not cause any damage to it. At the end of the usufruct, the property must be returned to the owner in the same condition as it was at the beginning of the usufruct.

For example, if someone has the usufruct of a car, they can use it to drive around, but they must maintain it properly and not cause any damage to it. When the usufruct ends, they must return the car to the owner in the same condition as it was when they first started using it.

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Simple Definition

Usufruct is when someone has the right to use and benefit from a property that belongs to someone else. The person who gets to use the property is called the usufructuary. They have to take care of the property and not damage it, unless it's something that naturally gets used up over time. There are two types of usufruct: perfect and imperfect. Perfect usufruct means using the property without changing it, while imperfect usufruct means using something that gets used up, like food or money. At the end of the usufruct, the usufructuary has to give back the same value or quantity and quality as when they started using it.

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