Subsections
§ 201. Definition of usufruct
- (1)
- A usufruct encumbers a thing such that the person for whose benefit the usufruct is established is entitled to use the thing and to acquire the fruits thereof.
- (2)
- The object of a usufruct may be a movable, immovable or a transferable right.
- (3)
- A usufruct may be restricted by the exclusion of a particular manner of use.
- (4)
- The law or a transaction shall be the basis for the creation of a usufruct.
§ 202. Creation of usufruct in movables
- (1)
- A usufruct in a movable is created by transfer of the thing from the owner to the receiver of the usufruct and by entering into a usufruct agreement.
- (2)
- The provisions valid with respect to the creation of movable property by transfer apply to transfer of a thing and to the agreement unless otherwise provided by law.
§ 203. Creation of usufruct in immovables
- (1)
- A usufruct in an immovable is created by entry in the land register.
- (2)
- The provisions concerning acquisition of immovables apply upon acquisition of a usufruct in an immovable unless otherwise provided by law.
§ 204. Creation of usufruct in right
A usufruct in a right is created on the basis of the provisions concerning transfer of the corresponding right.
§ 205. Extinguishment of usufruct in movable
A usufruct in a movable extinguishes if:
- 1)
- the usufructuary expresses to the owner of the thing the desire to relinquish the usufruct;
- 2)
- the usufructuary becomes the owner of the thing.
§ 206. Extinguishment of usufruct in immovable
- (1)
- A usufruct in an immovable extinguishes by deletion of the entry from the land register.
- (2)
- If the usufructuary of an immovable becomes the owner of the thing, the provisions of subsection 174 (2) apply.
§ 207. Extinguishment of usufruct by destruction of thing
- (1)
- A usufruct extinguishes by destruction of the thing subject to usufruct.
- (2)
- The owner of the thing is not required to restore the destroyed thing which was subject to usufruct, but the owner shall not prohibit the usufructuary from doing so. The usufruct is restored by restoration of the thing.
- (3)
- If a new thing is granted in place of an expropriated thing which was subject to usufruct, the usufruct therein continues.
§ 208. Extinguishment or alteration of right subject to usufruct
A right which is subject to usufruct may be extinguished or altered by a transaction only with the consent of the usufructuary.
§ 209. Extinguishment of usufruct in right
A usufruct in a right extinguishes pursuant to the procedure provided for in section 205.
§ 210. Extinguishment of usufruct by death of usufructuary
- (1)
- A usufruct extinguishes by the death of the usufructuary unless otherwise provided by law.
- (2)
- If the law or a transaction also designates the usufruct for a successor of the usufructuary, the usufruct is created again with respect to the successor.
§ 211. Extinguishment of usufruct with respect to legal person
- (1)
- A usufruct extinguishes by liquidation of the usufructuary who is a legal person.
- (2)
- A usufruct of a legal person extinguishes in every case after 100 years after creation of the usufruct.
§ 212. Extinguishment of usufruct
- (1)
- A usufruct may be extinguished by agreement of the usufructuary and the owner.
- (2)
-
The owner may demand extinguishment of a usufruct if:
- 1)
- the usufruct has lost all importance for the usufructuary;
- 2)
- the damage to the owner is significantly greater than the benefit to the usufructuary;
- 3)
- the usufructuary does not give security to the owner (section 224).
- (3)
- In the cases specified in subsections (1) and (2) of this section, the corresponding provisions concerning extinguishment of a real servitude apply unless otherwise provided by law.
§ 213. Determination of content of usufruct
The rights and obligations arising from a usufruct shall be determined by law or the transaction which is the basis for the creation of the usufruct.
§ 214. Rights of usufructuary
- (1)
- A usufructuary has the right to possess and use the thing subject to usufruct.
- (2)
- A usufructuary shall not commercially lease the thing without the consent of the owner.
- (3)
- A usufructuary has the right to the fruit of the thing.
- (4)
- The natural fruit which ripens and is severed during the usufruct period belongs to the usufructuary.
- (5)
- The civil fruit which is created during the usufruct period belongs to the usufructuary regardless of the time of its collection.
- (6)
- A usufructuary shall not encumber the object of the usufruct with servitudes or other real rights.
§ 215. Prohibition of transfer of usufruct
A usufruct is not transferable. The rights and obligations arising from a usufruct may be exercised by another person unless otherwise provided by law or the transaction which is the basis for the creation of the usufruct.
§ 216. Return of object of usufruct
Upon extinguishment of a usufruct, the usufructuary or legal successor thereof is required to return the object of the usufruct to the owner in the state provided for in subsection 218 (1).
§ 217. Division of immovables subject to usufruct
Upon division of an immovable which is subject to usufruct, the real servitude provisions concerning division of a servient immovable apply (subsections 182 (4) and (5)).
§ 218. Preservation and use of thing
- (1)
- A usufructuary is required to preserve the current economic purpose of a thing and to use the thing in a regular manner and prudently. The usufructuary shall not significantly change or transform the thing.
- (2)
- The rights of a usufructuary with respect to the use of a thing which is subject to usufruct shall not be greater than the rights of the owner.
- (3)
- Pursuant to procedure provided by law, a usufructuary may use the mineral resources and forest to the extent necessary for regular management of the immovable.
§ 219. Maintenance of thing
- (1)
- A usufructuary is required to maintain a thing which is subject to usufruct at the expense of the usufructuary and to make repairs and renovations necessary for ordinary maintenance of the thing.
- (2)
- If the maintenance expenses specified in subsection (1) of this section exceed the income receivable from a thing, the usufructuary has the right to demand payment of the expenses from the owner which exceed the income.
- (3)
- A usufructuary is not liable for a change of or decrease in value of a thing which accompanies the regular exercise of the usufruct.
§ 220. Notification obligation of usufructuary
- (1)
- If a thing subject to usufruct is destroyed or damaged, or repairs or renovations which exceed ordinary maintenance are necessary for the preservation of the thing, the usufructuary is required to notify the owner promptly.
- (2)
- A usufructuary is required to notify the owner if a third person gives notice of the person's right to the thing subject to the usufruct.
§ 221. Disposal of accessories of immovable
- (1)
- If an immovable together with accessories is subject to usufruct, the usufructuary has the right to dispose of the accessories within the limits of regular management.
- (2)
- In the case of a decrease or severance of accessories due to regular management of an immovable, the usufructuary is required to replace these things by new ones.
§ 222. Consumable and fungible things
- (1)
- A consumable thing transfers into the ownership of a usufructuary unless otherwise determined by law or the transaction which is the basis for the creation of the usufruct. Upon extinguishment of the usufruct, the usufructuary is required to pay the value of the consumed thing in money or replace the thing by a thing which has the same specific characteristics and the same quality.
- (2)
- A fungible thing may be disposed of by a usufructuary unless otherwise provided by law or the transaction which is the basis for the creation of the usufruct. The usufructuary is required to replace the thing with a thing which has the same specific characteristics and the same quality.
§ 223. Payment obligation of usufructuary and encumbrances
- (1)
- Taxes and debt interest incumbent on the object of a usufruct shall be paid and the encumbrances, management and other expenses shall be borne by the usufructuary according to the duration of the rights of the usufructuary.
- (2)
- If the taxes, encumbrances or expenses are collected from the owner, the usufructuary is required to compensate the owner to the same extent.
§ 224. Right of owner to demand security
The owner of a thing has the right to demand security from the usufructuary if the danger of a significant violation of the rights of the owner is evident from the activities of the usufructuary.
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