Similarly, article 1421 provides that the usufruct must take as much care over the patrimony in the exercise of his rights as a person with the usual prudence would take charge of his own property. The administrator of the usufruct is obliged to preserve the property because of its enjoyment. In many usufruct systems, such as the traditional Ejido system in Mexico, individuals or groups can only acquire the usufruct of the property, not legal property.  Usufruct is directly equivalent to a common law genetic patrimony, with the exception that a usufruct may be granted for a period shorter than the life of the holder (cestui que vie). Case study: Supreme Court judgment 2297/1998 states that the owner (owner) does not need to be the owner of the property. Therefore, the owner of the usufruct can rent the land. In the event of the death of the usufruct, only the usufruct is terminated during the term of the lease, but not the lease. A usufruct connects the two property rights of usus and fructus. Usus refers to the right to directly use something without damaging or modifying it, and fructus refers to the right to enjoy the fruits of the property used – that is, to enjoy the property by renting it, selling plants it produces, demanding entry or equivalent. The owner of the usufruct could not transfer the right to use the land by succession. The usufruct ends automatically with the death of the usufruct. However, the usufruct does not stop at the death of the owner.
As such, the usufruct can continue to survive, even if the owner of the country is dead. Do you need a bilingual contract? Download here a professional Thai lawyer drafted a Thai English usufruct agreement for land and house in Thailand (including the purely usufruite version of this contract). This contract can be used between a foreign spouse and a Thai spouse or other similar Thai relations. Old examples of usufruct are found in the code of Hammurabi and in the law of Moses. The law of Moses forbade landowners not to harvest the edges of their fields, and reserved crops for the poor.  In France, usufruct applies to successions. Under French law, an inalienable part, known as forced surrender, passes to the surviving spouse of the deceased and the expense (with shares distributed according to the number of children), the rest of the estate – the free succession – can be transferred freely by will.