There is an obvious exception in the case of an usufruct; on the death of one of the usufructuaries, his interest accrues to the other usufructuaries.
12.
There is an obvious exception in the case of an usufruct; on the death of one of the usufructuaries, his interest accrues to the other usufructuaries.
13.
In " Durban v Woodhaven ", the court questioned the fine distinction drawn between the usufruct itself and the right of enjoyment comprised by the usufructuary interest.
14.
A usufruct cannot extend beyond the life of the usufructuary, who, not being the owner of the property, is not entitled to alienate or consume or destroy it.
15.
The law reports contain numerous instances of the courts being requested to interpret wills where one party contends that the interest is usufructuary and the other claims that it is fiduciary.
16.
A usufruct is a limited real right, typically employed when a testator wishes to provide for surviving family members after his death, but wants the property to go to someone other than the usufructuary.
17.
For example, the testators leave all property belonging to us to our children, subject to an usufruct in favour of the survivor; in this case the survivor acquires an usufructuary interest in the massed property.
18.
The praetor provided an " actio utilis ", or one " in factum ", to persons with lesser property rights in the thing, e . g . the usufructuary, alongside the owner.
19.
Consumable property cannot be the object of a usufruct, since the usufructuary must be able to give the property back to the owner " salva rei substantia " ( or substantially intact ) at the end of the usufructuary period.
20.
Consumable property cannot be the object of a usufruct, since the usufructuary must be able to give the property back to the owner " salva rei substantia " ( or substantially intact ) at the end of the usufructuary period.
