{"id":7212,"date":"2018-09-14T09:00:31","date_gmt":"2018-09-14T07:00:31","guid":{"rendered":"https:\/\/my-life.lu\/?p=7212\/"},"modified":"2026-04-02T10:32:14","modified_gmt":"2026-04-02T08:32:14","slug":"usufruct-whosafruct-41005","status":"publish","type":"post","link":"https:\/\/my-life.lu\/en\/usufruct-whosafruct-41005\/","title":{"rendered":"Usufruct… who\u2019safruct?"},"content":{"rendered":"

If you\u2019ve ever been involved in a formal inheritance, gift or sale, you will certainly have already heard the terms \u201cusufruct\u201d and its counterpart, \u201cbare ownership.\u201d But what is usufruct exactly, and how does it work? The myLIFE team explains.<\/p>\n

What is usufruct?<\/h2>\n

The term usufruct comes from the Latin usus<\/em> (use) and fructus<\/em> (enjoyment). Usufruct is the real right of the beneficiary (the usufructuary) to use and benefit from property that belongs to another person (the bare owner).<\/p>\n

The usufructuary therefore has the right to use a property (live in a house, drive a vehicle, etc.) and to derive profit from it (in the form of rent, interest, etc.) for a fixed period or until a specific event occurs, such as death. In exchange for this right, they must maintain the property by making sure it is kept in a good state of repair and paying for any costs of upkeep (usufruct charges).<\/p>\n

However, the usufructuary does not have the right to sell, give away or destroy the property on his own. This right to dispose of the property, or \u2018abusus\u2019, is reserved for the bare owner, who is also responsible for large-scale repairs, unless they are needed as a result of neglect by the usufructuary.<\/p>\n

Useful info<\/strong>: full ownership of a property is made up of the usufruct (the right to use it and receive income generated by it) and bare ownership (the right to dispose of it).<\/p>\n

Full property ownership = bare ownership (possession of an asset) + usufruct (right to use and benefit from the asset).<\/p><\/blockquote>\n

Generally, usufruct is granted for life, meaning that it ends when the beneficiary dies. But that doesn\u2019t mean usufruct can\u2019t be granted for a fixed period. This is known as temporary usufruct. There\u2019s also something called quasi-usufruct. This is when property is consumable, i.e. it can only be used once, as is the case with food, wine, money, and so on. The usufructuary can use it (e.g. spending money), but must return items either of the same quality and in the same quantity, or pay the estimated value on the date of return (recovery claim).<\/p>\n

When do we talk about usufruct?<\/h2>\n

Usufruct and bare ownership generally come up in the context of an inheritance, gift or sales agreement. Usufruct can be attached to immoveable property (like a house or land), moveable property (like a car or furniture) or securities (like shares or cash).<\/p>\n