By: Rick Carne
Where
do you think you fit into this in respect to the State...USUFRUCT, in
Roman-based legal systems, the temporary right to the use and enjoyment
of the property of another, without changing the character of the
property. This legal concept developed in Roman law and found
significant application in the determination of the property interests
between a slave held under a usus fructus (Latin: “use
and enjoyment”) bond and a temporary master. Any property acquired by a
slave as a result of his labour legally belonged to that master.
Modern civil-law systems recognize two types of usufructs. The perfect usufruct includes only those things that a usufructuary (one who holds property under right of usufruct) can use without changing their substance, such as land, buildings, or movable objects; the substance of the property, however, may be altered naturally over time and by the elements. The quasi-, or imperfect, usufruct includes property that is consumable or expendable, such as money, agricultural products, and the like, which would be of no advantage to the usufructuary if he could not consume them, expend them, or change their substance.
The term usufruct never found its way into the English common law, although certain general similarities can be found in the common-law concept of estate.
Definition from Bouvier's Law Dictionary 1856 Edition
USUFRUCT, civil law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing.
2. The obligation of not altering the substance of the thing, however, takes place only in the case of a complete usufruct.
3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.
Modern civil-law systems recognize two types of usufructs. The perfect usufruct includes only those things that a usufructuary (one who holds property under right of usufruct) can use without changing their substance, such as land, buildings, or movable objects; the substance of the property, however, may be altered naturally over time and by the elements. The quasi-, or imperfect, usufruct includes property that is consumable or expendable, such as money, agricultural products, and the like, which would be of no advantage to the usufructuary if he could not consume them, expend them, or change their substance.
The term usufruct never found its way into the English common law, although certain general similarities can be found in the common-law concept of estate.
Definition from Bouvier's Law Dictionary 1856 Edition
USUFRUCT, civil law. The right of enjoying a thing, the property of which is vested in another, and to draw from the same all the profit, utility and advantage which it may produce, provided it be without altering the substance of the thing.
2. The obligation of not altering the substance of the thing, however, takes place only in the case of a complete usufruct.
3. Usufructs are of two kinds; perfect and imperfect. Perfect usufruct, which is of things which the usufructuary can enjoy without altering their substance, though their substance may be diminished or deteriorated naturally by time or by the use to which they are applied; as a house, a piece of land, animals, furniture and other movable effects. Imperfect or quasi usufruct, which is of things which would be useless to the usufructuary if be did not consume and expend them, or change the substance of them, as money, grain, liquors. Civ. Code of Louis. art. 525, et seq.; 1 Browne's Civ. Law, 184; Poth. Tr. du Douaire, n. 194; Ayl. Pand. 319; Poth. Pand. tom. 6, p. 91; Lecons El. du Dr. Civ. Rom. 414 Inst. lib. 2, t. 4; Dig. lib. 7, t. 1, 1. 1 Code, lib. 3, t. 33; 1 Bouv. Inst. Theolo. ps. 1, c. 1, art. 2, p. 76.
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