Title 8

Usufruct (vruchtgebruik) grants the right to use assets belonging to another and to enjoy the fruits thereof.

Usufruct is created by establishment or by prescription.

Usufruct may be created for the benefit of one person, or for the benefit of two or more persons either jointly or successively. In the latter case…

Unless an administration has already resulted in a sufficient inventory or imposes an obligation to that effect, the usufructuary must, in the…

The usufructuary must provide security for the performance of his obligations towards the bare owner, unless he has been exempted therefrom or the…

A usufructuary may use or consume the assets subject to the usufruct in accordance with the rules laid down upon the creation of the usufruct or, in…

With regard to assets subject to a usufruct, the usufructuary may not change the destination which these assets had at the commencement of the…

The usufructuary is obliged to insure the object of his usufruct for the benefit of the bare owner against those risks against which it is customary…

Unless otherwise provided at the time of its creation, the usufructuary is authorised to demand, both in and out of court, performance of claims…

Even when in the description or in an annual statement one or more assets subject to the usufruct are designated only by their kind, the bare owner…

Insofar as the assets subject to a usufruct are intended to be alienated, the usufructuary is authorised to alienate them in accordance with their…

That which replaces assets subject to a usufruct by virtue of an authorized act of disposal shall belong to the principal owner and shall likewise be…

Unless otherwise provided for at the time of its creation, moneys belonging to the usufruct must, in consultation with the bare owner…

If, upon the creation of a usufruct or thereafter, the usufructuary has been granted the power of total or partial alienation and consumption of the…

The usufructuary is entitled to all fruits that are separated or become exigible during the usufruct. Upon the creation of the usufruct, it may be…

The usufructuary is authorised to lease or farm-out the assets subject to the usufruct, insofar as not otherwise provided for at the time of the…

Each of them is authorised to institute legal actions and to submit petitions for the purpose of obtaining a judicial decision concerning both the…

Outside the cases regulated in Articles 88 and 197 of Book 2 and Article 123 of Book 5, the exercise of the voting right attached to an asset subject…

Ordinary charges and repairs shall be borne and performed by the usufructuary. The usufructuary is obliged, when extraordinary repairs are necessary…

If the usufructuary fails to a serious degree to perform his obligations, the court may, upon a legal claim by the bare owner, award the management…

When an estate, a business, or a similar universality has been granted in usufruct, the bare owner may require of the usufructuary that the debts…

A usufructuary may transfer or encumber his right without the duration of the right being changed thereby. In addition to the acquirer, the original…

If a usufructuary, by virtue of the burdens and obligations connected to the usufruct, wishes to waive his right at his own expense, the bare owner…

Upon the termination of the usufruct, the usufructuary or his successors in title are under an obligation to make the assets available to the bare…

The rules concerning usufruct shall apply mutatis mutandis to a right of use and a right of habitation, subject to the following provisions.