USUFRUCT (Lat. vsusfructus, from uses, use, from uti, OLat. o/ti, to use, connected with were, to crave, Skt. at., to promote, protect, like, Gk. oiros, oitos, fate, portion + fructus, fruit, from frui, to enjoy). At civil law, a life in terest in property, usually established by legacy, but capable of being established.by contract. It is also created by law, especially in modern civil legislations, many of which give usufruct to par ents in the property of minor children and to the surviving spouse in the estate of the deceased husband or wife. (See PAIZENT AND CHILD; SUC CESSION ; and TESTAMENT.) Usufruct is regarded as a servitude (q.v.), the general right of owner ship (proprietus) being attributed to the rever sioner, i.e. the person who is to take the property on the termination of the usufruct. The usufruc tuary has the exclusive right to possess, use, and enjoy the property, either in person or through a vendee or lessee. He must, however, use it
salrfi substantiti, i.e. the property must not be injured ; nor may lie change the character or mode of use. For the restoration of the prop erty in unimpaired condition the usufructuary must ordinarily give security to the owner. Usu fruct may be established not only in land and buildings, hut also in 'non-consmuptible' mova bles, i.e. in such movables as can be used with out impairment of substance. In consumptildes, true usufruct is impossible; but for the purpose of carrying out the intentions of testators the Boman jurists developed the so-called 'quasi-usu fruct,' in which the property is appraised and the usufructuary gives security that the sum at which it is valued shall be paid, after his death, to the holder of the reversionary interest.