The obligations of the usufructuary

Abstract

By nature the owner of a thing enjoys its use and he therefore has all the rights which can be exercised over it. However, sometimes, others may have rights over such a thing which, to a greater or less extent, limit his enjoyment of it. Such rights are commonly described in metaphorical terms as fractions of ownership vested in someone other than the owner, or as encumbrances or burdens on ownership or on the thing owned. The commentators gave them the name of 'iure in re aliena'. Such rights fall into three main categories (1) praedial and personal servitudes, (2) emphyteusis and superficia and (3) rights of real security.