It is important to note, however, that the owner may object to any illegal or inappropriate use of the property. If the owner proves that his rights are in danger, he may demand the safety of the usufruitier. If the usufruit does not provide the guarantee within a reasonable time frame or if, despite the owner`s objection, the usufruit continues to use the recovery of the property illegally or inappropriately, the Court of Justice may instruct an insolvency administrator to manage the estate. The right to usufruit transfers the ownership, use and enjoyment of the owner`s land to the usufruit. Usufruct can only be registered on duly titled land and is set up in agreement with the owner and registration with the local Landratsamt. Although the United States is for the most part a common law jurisdiction that recognizes the right to life instead of usufruit, Louisiana is a civil court that specifically follows the French and Spanish models. In Louisiana, usufruit is generally created in the same way as other real rights, through the gift (“gift”), will (“will”) or law. Nevertheless, this is the only life they are generally granted. Unless otherwise stated in the will, the share of a descendant from the condominium adhered to it as a bare title holder (“naked owner”); However, if that person has a living spouse, the spouse receives a usufruit in that part of the estate until death or remarriage (La. Code civil art. Under certain other conditions, there may be a usufruit giving rights to that person`s parents.
[8] In a usufruit scenario, the beneficiary may also transfer his rights to the usufruit to a third party, in accordance with Section 1422 of the Civil and Trade Code. In this case, if the purchaser violates the terms of the usufruit, the owner of the property can also sue the purchaser directly. Czech Republic: from 1 January 2014, two different legal relationships will define how the owner of one thing can make it available to others: leasing (n`jem) and usufructuary lease (lease). Whether the beneficiary will benefit not only from the right to operate, but also from the “fruits” of the land (i.e., for all intents and purposes, the profits derived from it) depends on the application of these two rights. The legal provisions for leasing and leasing are different in some respects. For example, the termination of usufruit contracts is subject to a slightly different regime: under the new civil code, an unlimited usufruit contract can be terminated with six months` notice, so that the lease expires at the end of the year of usufruit (pachtovné rok) – a default period corresponding to the calendar year (with the exception of the leases of the , provided it lasts from October 1 to September 30 of the following year); although the parties can agree on their own definition of the year of usufruit.