The Usufruct in Roman Law

Por: Anavitarte, E. J.*

The usufruct is a type of personal easement, constituted on a thing ─generally immovable─, which endows the usufructuary with the real rights of use and exploitation in the other's thing, but recognizing his ownership in the other (Paulus).

This easement creates a legal situation in which the owner is deprived of the effective rights attributed to the property, that is, he cannot dispose of it freely, so his relationship with the thing is merely nominal. This is called node-owner.

The usufructuary has full freedom to dispose of the thing, and must return it at the end of the usufruct, which may be for life. However, he cannot damage the thing in such a way that it is unusable, nor can he compensate it with another similar thing, for which reason he configures rights over an invariable thing.

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