Joint Usufruct: Analysis of Ordinance No. 10531 of 2024

The recent Ordinance No. 10531 of April 18, 2024, from the Court of Cassation provides important clarifications on the regulation of joint usufruct, a topic of significant interest in the field of lesser real rights. This decision focuses on the modalities of establishing such a right, particularly when it comes to residential properties.

The Meaning of Joint Usufruct

Joint usufruct is defined as a real right that allows multiple parties to enjoy a property, typically a real estate, jointly. The Court, analyzing the specific case, emphasized that usufruct can be established through a deed inter vivos, provided that the parties clearly express the intention to establish a right of accrual among the co-usufructuaries.

NOTION, CHARACTERISTICS, DISTINCTIONS - ESTABLISHMENT OF THE RIGHT Joint usufruct on a residential property indicated in its entirety - Establishment through a deed inter vivos containing the expression "vita natural durante" - Existence - Conditions - Case law. In terms of lesser real rights on another's property, joint usufruct can be established through a deed inter vivos where the parties, even implicitly but unequivocally, foresee a right of accrual among co-usufructuaries as in the case where the usufruct reservation concerns a residential property indicated in its entirety, and not in relation to the undivided share attributed to each beneficiary, accompanied by the phrase "their vita natural durante". (In this case, the Supreme Court overturned the decision that had deemed the death of one of the usufructuaries to have resulted in the consolidation of his share of usufruct with the naked ownership belonging to a third party, the daughter of the usufruct holders).

The Conditions for the Establishment of Usufruct

For joint usufruct to be valid, certain fundamental conditions must be met:

  • Clear expression of the parties' intention to establish a right of accrual.
  • Reference to the property as a whole and not to undivided shares.
  • Use of the phrase "vita natural durante" in the document establishing the right.

The Court specified that the usufruct reservation must concern the property in its entirety, thus avoiding interpretations that could lead to an automatic consolidation of the usufruct share following the death of one of the co-usufructuaries. This aspect is crucial to ensure the protection of the rights of all beneficiaries involved.

Conclusions

Ordinance No. 10531 of 2024 represents a significant step forward in understanding the dynamics related to joint usufruct. It underscores the importance of precise and clear wording in the constitutive deed to avoid future disputes. Legal practitioners and citizens interested in establishing usufruct rights must pay particular attention to these details to ensure the correct application of the regulations and the protection of the rights of all co-usufructuaries.

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