Joint Usufruct: Analysis of Order No. 10531 of 2024

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

The Meaning of Joint Usufruct

Joint usufruct is configured as a real right that allows multiple parties to jointly enjoy a property, typically real estate. The Court, analyzing the specific case, pointed out that usufruct can be established through an inter vivos act, provided that the parties clearly express their intention to establish a right of accretion among the co-usufructuaries.

DEFINITION, CHARACTERISTICS, DISTINCTIONS - ESTABLISHMENT OF THE RIGHT Joint usufruct on a residential property indicated as a whole - Establishment by inter vivos act containing the expression "for the duration of their natural lives" - Existence - Conditions - Factual situation. In matters of minor real rights on another's property, joint usufruct can be established by an inter vivos act where the parties, even implicitly but unequivocally, provide for a right of accretion between co-usufructuaries, as in cases where the reservation of usufruct concerns a residential property indicated as a whole, and not in relation to the undivided share attributable to each beneficiary, accompanied by the phrase "for the duration of their natural lives." (In this case, the Supreme Court quashed the decision that had held that the death of one of the usufructuaries had resulted in the consolidation of his usufruct share with the bare ownership of the entire property belonging to a third party who was an assignee of the usufruct holders' daughter).

Conditions for Establishing Usufruct

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

• Clear expression of the parties' intention to establish a right of accretion.
• Reference to the property as a whole and not to undivided shares.
• Use of the phrase "for the duration of their natural lives" in the document establishing the right.

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

Conclusions

Order 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 act to avoid future disputes. Legal professionals and citizens interested in establishing usufruct rights must pay particular attention to these details to ensure the correct application of the law and the protection of the rights of all co-usufructuaries.