Britannica Sources used in this answer

Why do civil-law systems often describe a lifetime right to use property as a usufruct?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

Oil portrait of Hugo de Groot, also known as Hugo Grotius, by the workshop of Michiel Janszoon van Mierevelt, showing him with a ruffled white collar and dark clothing. — Property law Portrait of Hugo de Groot (Hugo Grotius), oil on panel by the workshop of Michiel Janszoon van Mierevelt, 1631; in the Rijksmuseum, Amsterdam.

In civil-law systems, the term usufruct is used to describe a lifetime right to use property because it derives from the Roman law concept of ususfructus, a contraction of the Latin phrase usus et fructus, meaning "use and enjoyment."12

Civil-law systems distinguish this from ownership by classifying the usufruct as a jus in re aliena, or a "right in the thing of another." Unlike common-law systems, which may view a life estate as a division of ownership, civil law maintains that the usufructuary does not own the property but holds a temporary legal right to its use and the enjoyment of its fruits without altering the property's fundamental character.31

This arrangement is inherently temporary, typically terminating upon the death of the individual who holds the right. While the usufructuary does not hold title, they are granted possessory remedies to protect their interest against third parties. This framework allows for the separation of the right to benefit from property from the underlying ownership, ensuring the substance of the asset remains intact for the eventual owner.231