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Determination of usufructuary's rights in Roman law

Publication at Faculty of Law |
2018

Abstract

Ususfructus in Roman law is usually defined as the right to enjoy the property of another and to take the fruits, but not to destroy it or fundamentally alter its character. In comparison with other institutes, acquisition of fruits by usufructuary may be considered as the most distinguishable feature.

The article focuses on this issue in detail and explores extent as well as types of produce of the thing acquired by usufructuary. The scope of things acquired seems to be rather extensive in Roman law, it included agricultural produce, animals, wood, minerals, ore, work of a slave and fructus civiles.

It is important to note that produce acquired by usufructuary was not always regular and repeatable.