Usage right / usufruct
The obligee of such a right (the beneficiary owner) is entitled to possess the property owned by another person. The obligee is a holder of beneficial use and enjoyment. A usufruct might be established by law, a resolution of an official body, a judicial decision or an agreement of the parties. The owner is only allowed to exercise the right of possession, use and enjoyment as far as the beneficiary owner does not exercise during the time of beneficial ownership. Usufruct exists irrespective of the change in the owner's person. Usufruct exists for a specific period of time but not after the end of the obligee's life.
The commencement of beneficial ownership on the basis of an agreement follows in the case of movable properties with delivery of thing, in case of real-estate property is the registration of the beneficial ownership needed in the real estate register at the Land Registry. If the beneficial ownership will be commenced by a statutory official resolution or judicial decision, this right has to be registered in the Land Registry, too. If the registration fails, the beneficial ownership can only be enforced against a mala fide (dishonest) purchaser, or purchaser without consideration.
The beneficial owner is obliged to exercise this right according to the rule of ordinary management and normal operations. He bears the costs of maintenance - except for extraordinary maintenance and reinstatement. The obligee also bears the costs of use, rates and taxes.
During the existence of the beneficial right the owner can only exercise his rights to possess, use and enjoy his property, if the beneficial owner does not exercise his rights.
Beneficial owner can not transfer his right of usufruct, but he can abandon to exercise the beneficial right. The assignment of exercising beneficial right in consideration can be only followed if the owner does not lay claim to use the thing on the same conditions.
Beneficial owner has to return the thing at termination of usufruct. He is liable for damages, except he proves he acted as reasonable conduct under circumstances. Beneficial owner shall not pay devaluation of proper use.
Owner is entitled to check exercise of usufruct. If the usufruct is being exercised improper, or beneficial owner damages the thing, or he endangers its return at termination, and the owner's protest does not lead to result, the owner can demand security. If the beneficial owner does not pledge security the court can suspend his right to usufruct till pledging the security.
The beneficial owner has to inform the owner about imminent danger and actual damage. The obligee has to endure if the owner make to necessary steps in order to prevent the danger and to cancel the consequences of the damage. The owner also must be informed if third party restrains the beneficial owner in exercising his right.
The beneficial owner has legal grounds for protecting possession.
For clients who want to buy such a property we've prepared special, notarially authenticated agreements with a
trustee.