USUFRUCTUS, or USUSFRUC l'US, and USUS, belonged to the class of Servitutea Personarurn amung the Romans. Usuafructua is defined (' Dig; 7, 1, 1) to be " the right to use and take the fruits (fruendi) of what belongs to another without impairing its substance." Uinta is defined Dig.; 7, 8, 1, 2) to he the right "to use, but not to take the fruits drub." The objects of ususfruetus might be land (fundus), houses (modes), slaves, beasts of burden, and other things. He who was entitled to a Uausfrnetus was called Usufructuarius, or Fructuarius. A right to a Ususfructua might be given to a person by testament, or it might be established by contract.
Generally, it may be stated that all the a' fructus," or produce of a thing that accrued during the time of enjoyment, belonged to the Fructuarius; but his title to fruetus was not complete till he had taken them, and it was a general rule that any " fructus" which had not been got in or taken at the time when the Ususfructus ceased did not belong to him. The law as to things that yield an increase, such as fruit-trees and animals, did not present many difficult questions. As to houses and lands, the questions were sometimes more difficult. The Fructuarius was entitled to the rents and profits of houses during his time of enjoyment, and he was bound at least to keep them in suffi cient repair, but probably uot to rebuild them, if they were in a ruinous condition. He was bound to- cultivate land in a proper
husbandlike manner. He could work existing mines and quarries for his benefit, and he could also open new mines and work them. The Fructuarius could maintain his rights to the uausfructus by actions and interdicts. The period of usustruetus might either be for a fixed time or for the life of the Fructuarius. At the termination of the period of enjoyment, the thing was to be given up to the owner, who could generally require security for its being properly used and given up in proper condition.
The usus of a thing, as already explained, was a right to the enjoy ment of a thing, but not to the produce or profits of it. Yet in some cases the usus of a thing implied a right to a certain amount of pro duce. Thus the usua of cattle implied that the usuarius was entitled to a moderate allowance of milk ; and a man who had the usus of an estate could take wood for his daily use, and could enjoy the orchard and other thingi in moderation. if a man had the uses of oxen, he could employ them for all purposes for which oxen are properly used. The duties of the ueuarius resembled those of the fructuarius.
The rules of Law which related to the ususfructua and mum were numerous. Many of them are collected in the Digest,' lib. 7 ; ace also Fmgmenta Vatieana," De Usufructii ; ' and MUhlenbruch, Doetrina Pandectarurn: