usufruct

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Related to usufructuary: Usufructuary Rights

usufruct

the right of use of another's property without destroying or consuming that property. The concept derives from ROMAN LAW, and is in general use in the social sciences to designate property relations whereby either property ownership, particularly in land, is not established within a society, or where use rather than ownership may be the most important aspect of property relations.

Usufruct

 

in ancient Rome, the right held by one person to use property belonging to another and to enjoy the benefits and profits derived therefrom, without, however, changing the substance of such property. Usufruct was a type of personal servitude established for the use of an individual, either for life or for a designated period, without the right of alienation or transfer through inheritance. Widely practiced during the Middle Ages, usufruct became common in bourgeois law, as in France; it was usually regarded as an independent real right.

References in periodicals archive ?
Blackstone writes that our ancestors, if provided merely a usufructuary right of property, would not seek to improve upon it in a way that would make life "more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warmth and decency.
It is from this interaction that indigenous peoples retain, albeit in truncated form, usufructuary hunting, fishing, and gathering rights in a manner that would otherwise be prohibited by applicable law.
Under customary law relating to the occupation of foreign territory, generally after an armed conflict, the occupier-administrator cannot derive any comprehensive responsibilities other than the usufructuary administration.
The new Real Right Law gives legal protection to private property ownership, in addition to lesser, usufructuary interests ensuing from the decentralization of the economy.
1996) (on rehearing) (rejecting "open mines approach" and holding that 91 year old usufructuary is entitled to clear cut 143 acre tract of "timberlands" that had never been professionally harvested in the past, over the objection of 70 year old naked owner who sought to limit harvest to selective cutting, on the basis that a clear cut and replanting with genetically modified seedlings would commence a plan of prudent timber administration of the tract).
172 (1999) (applying the canons of construction to find that an 1855 treaty did not abrogate the Tribe's usufructuary rights).
At the same time, conceptions of access are also rooted in more class-based, usufructuary conceptualizations of the land.
In this situation, short-term usufructuary rights may be all that is
17) Native title to particular land (whether classified by the common law as proprietary, usufructuary or otherwise), its incidents and the persons entitled thereto are ascertained according to the laws and customs of the indigenous people who, by those laws and customs, have a connection with the land.
Article 55 of the Hague Regulations provides that "[T]he occupying State shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country.
41) According to Article 55, the occupying state is to be "regarded only as administrator and usufructuary of public buildings, real estates, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country.
For example, Article 55 of the Hague Regulations provides that the "occupying State shall be regarded only as administrator and usufructuary.