The establishment of the usufruct right Cover Image

Constituirea dreptului de uzufruct
The establishment of the usufruct right

Author(s): Ciprian Raul Romițan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: usufruct; the right of usufruct; ownership title; private property law; dismemberment of the ownership title;

Summary/Abstract: The usufruct is part of the private property dismemberments and it is a main, essentially temporary, real right, granting its holder, referred to as usufructuary, the right to use the property(-ies) (i.e., the prerogative of use the property(-ies) belonging to another and the prerogative of enjoying its fruit), subject to the obligation to preserve its character and return the property(-ies) to the owner upon the expiry of the usufruct. The subject of the usufruct right may be represented both by determined individual property (the usufruct on a particular title), and by a universality (universal usufruct) or a fraction of a universality (usufruct under a universal title).The usufruct may be established through a legal deed, usucaption or in other ways stipulated under the law, the provisions in the field of real estate register being applicable, but it should, however, be noted that it can only be established in the favor of an existing person. In other words, the usufruct can only be acquired on the basis of a legal deed, a contract or by will.

  • Issue Year: IX/2020
  • Issue No: 1
  • Page Range: 287-300
  • Page Count: 14
  • Language: English, Romanian