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For example, if the owner of a business becomes incapacitated and gives usufruct to a relative to run the business for him or her, the usufructuary can run the business, but can't sell it or tear down the building and rebuild it.
The duration can be either definite or indefinite. However, if nothing is contractually provided, the following rules apply: Maximum 99 years unless the usufructuary - in the case of a natural person - lives longer; The usufruct does not continue after the death of a person enjoying the right of usufruct.
There are seven ways to terminate a usufruct: Contractual conditions. Death of usufructuary (most common) Loss of property (one of the most complicated methods) Abuse by usufructuary. Prescription of non-use. Confusion. Renunciation.
Usufruct right for real estate The conditional usufruct is chosen when the ownership of a property changes and the previous owner simultaneously receives the usufruct on a conditional basis. Once the transfer of the property is complete, the conditional usufruct becomes a fixed right of use.
A usufruct commonly lasts until the death of the person who receives the right, though it is possible to appoint a specific date or duration for the right.