usufruct - définition. Qu'est-ce que usufruct
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Qu'est-ce (qui) est usufruct - définition

REAL RIGHT OF ENJOYING THE FRUITS AND BENEFITS OF A PROPERTY, WITHOUT NECESSARILY THAT OF OWNING IT, SELLING IT AS A FULL PROPERTY TO A THIRD PARTY, OCCUPYING IT OR USING IT DIRECTLY
Usufructuary; Use ownership; Usufructus; Usufructary

usufruct         
['ju:zj?fr?kt]
¦ noun Roman Law the right to enjoy the use of another's property short of the destruction or waste of its substance.
Derivatives
usufructuary adjective &noun
Origin
C17: from med. L. usufructus, from L. usus (et) fructus 'use (and) enjoyment'.
Usufruct         
·noun The right of using and enjoying the profits of an estate or other thing belonging to another, without impairing the substance.
Usufruct         
Usufruct () is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:

Wikipédia

Usufruct

Usufruct () is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:

  • Usus (use) is the right to use or enjoy a thing possessed, directly and without altering it.
  • Fructus (fruit, in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on.

A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is abusus (literally abuse), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale, exchange, gift). Someone enjoying all three rights has full ownership.

Generally, a usufruct is a system in which a person or group of persons uses the real property (often land) of another. The "usufructuary" does not own the property, but does have an interest in it, which is sanctioned or contractually allowed by the owner. Two different systems of usufruct exist: perfect and imperfect. In a perfect usufruct, the usufructuary is entitled the use of the property but cannot substantially change it. For example, an owner of a small business may become ill and grant the right of usufruct to an individual to run their business. The usufructuary thus has the right to operate the business and gain income from it, but does not have the right to, for example, tear down the business and replace it, or to sell it. The imperfect usufruct system gives the usufructuary some ability to modify the property. For example, if a land owner grants a piece of land to a usufructuary for agricultural use, the usufructuary may have the right to not only grow crops on the land but also make improvements that would help in farming, say by building a barn. However this can be disadvantageous to the usufructuary: if a usufructuary makes material improvements – such as a building, or fixtures attached to the building, or other fixed structures – to their usufruct, they do not own the improvements, and any money spent on those improvements would belong to the original owner at the end of the usufruct.

In many usufructuary property systems, such as the traditional ejido system in Mexico, individuals or groups may only acquire the usufruct of the property, not legal ownership. A usufruct is directly equatable to a common-law life estate except that a usufruct can be granted for a term shorter than the holder's lifetime.

Exemples du corpus de texte pour usufruct
1. In reality, they have ownership of the "usufruct" (the use of the assets) over the tenor of the sukuk or bond issuance, after which the absolute ownership reverts to the UK government.
2. The eventual structure that was approved by ABCIB’s Shariah adviser provided for the transfer of the vessels usufruct to investors in the Sukuk, allowing the legal title in the Venus Glory to remain with PacStar.
3. There were some Shariah issues which had to be resolved relating to the usufruct of the lease especially since «Buy–to–Let» involves to instances of leasing under the diminishing Musharaka. «Until recently,» stresses Alison Pallett, head of consumer lending at Bristol & West, «Britain’s Muslims have not had a real choice in how they invest their money in keeping with their faith.
4. Article 7 says a property or the usufruct of it shall be registered under the names of the heirs, after the latter’s submission of legal documents proving their right of inheritance of the property, the property’s benefactor or the owner of the right of the surface.
5. It must safeguard the capital of these properties and administer them in accordance with the rules of usufruct." Most international law experts maintain that the construction of the Jewish settlements in Gaza and the West Bank was illegal in accordance with Article 4' of the Fourth Geneva Convention of 1'4'. As the buildings were not situated on the land when Israel occupied the Gaza Strip in 1'67, then by the same token they should not be there when Israel leaves the territory, according to the guidelines of the law.