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Usufruct is a limited real right (or ''in rem'' right) found in civil-law and mixed jurisdictions that unites the two property interests of ''usus'' and ''fructus'': * ''Usus'' (''user'') is the right to use or enjoy a thing possessed, directly and without altering it. * ''Fructus'' (''fruit'', in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is ''abusus'' (literally ''abuse''), the right to alienate the thing possessed, either by consuming or destroying it (e.g. for profit), or by transferring it to someone else (e.g. sale, exchange, gift). Someone enjoying all three rights has full ownership. In many usufructory property systems, such as the traditional ''ejido'' system in Mexico, individuals or groups may only acquire the usufruct of the property, not legal title. A usufruct is directly equatable to a common-law life estate except that a usufruct can be granted for a term shorter than the holder's lifetime (''cestui que vie''). == History == Usufruct comes from civil law, under which it is a subordinate real right (''ius in re aliena'') of limited duration, usually for a person's lifetime. The holder of a usufruct, known as a usufructuary, has the right to use (''usus'') the property and enjoy its fruits (''fructus''). In modern terms, ''fructus'' more or less corresponds to the profit one may make, as when selling the "fruits" (in both literal and figurative senses) of the land or leasing a house. ''Fruits'' refers to any renewable commodity on the property, including (among others) actual fruits, livestock and even rental payments derived from the property. These may be divided into civil (''fructus civiles''), industrial (''fructus industriales''), and natural fruits (''fructus naturales''), the latter of which, in Roman law, included slaves and livestock. Under Roman law, usufruct was a type of personal servitude (''servitutes personarum''), a beneficial right in another's property. The usufructuary never had possession of this property (on the basis that if he possessed at all, he did so through the owner), but he did have an interest in the property itself for a period, either a term of years, or a lifetime. Unlike the owner, the usufructuary did not have a right of alienation (''abusus''), but he could sell or lease his usufructory interest. Even though a usufructuary did not have possessory title, he could sue for relief in the form of a modified possessory interdict (prohibiting order). In indigenous cultures, usufruct means the land is owned in common by the people, but families and individuals have the right to use certain plots of land. Land is considered village or communal land rather than owned by individual people. While people can take fruits of the land, they may not sell or abuse it in ways that stop future use of the land by the community. The oldest examples of usufruct are found in the Code of Hammurabi and the Law of Moses. The Law of Moses directed property owners not to harvest the edges of their fields, and reserved the gleanings for the poor.〔''Leviticus'' 19:9-10, 23:22.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「usufruct」の詳細全文を読む スポンサード リンク
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