The interest of the usufructuary The usufruct confers on its holder the temporary right to the use and enjoyment, in a prudent and reasonable manner, of a property belonging to the bare owner with the obligation to return it. at the end of his right. By his right of use, the usufructuary has a right:
of use (in Latin: “usus”);
with fruits (in Latin: fructus ”, hence the word“ usufructuary ”).
These fruits can be natural and / or civil (such as rents). If the property disappears and he cannot reconstitute it, the usufructuary will no longer be able to exercise his right of use. By his right of enjoyment, the usufructuary therefore has an interest above all in the maintenance of the thing. For this reason, he must insure himself as a (full) owner.
Book 3 – “Property” of the new Civil Code provides for an insurance obligation.
From September 1, 2021, the usufructuary is obliged to insure the property in full ownership for the usual risks, in any case against fire. The usufructuary is required to present to the bare owner, at the first request, proof of the insurance policy.
The usufructuary may also have an interest in preserving his assets against a liability debt:
extra-contractual, also for defect of the thing, since it must preserve the substance of the good;
contractual with regard to:
bare owner. He has the contractual obligation to return the good at the end of the usufruct, given his obligation to preserve the substance of the good;
possible tenant, on the basis of article 1721 C.Civ. 3.3.2 The interest of the bare owner.
The “bare owner” retains the right to dispose of the thing or the property, provided that the rights of the usufructuary are respected. He can therefore alienate the value of the bare ownership, while respecting the rights of the usufructuary.
Its main interest also consists in the conservation of the thing since it will become fully owner of it at the extinction of the right of usufruct. Indirectly, the bare owner may have an interest in protecting his assets against a liability debt. It must in fact normally maintain the structure of the building.