Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Jus in re inhaerit ossibus usufructuarii
A right in the thing cleaves to the person (literally, the bones) of the usufructuary.
Usufruct
n. Roman & civil law. A right to use another's property for a time without damaging or diminishing it, although the property might naturally deteriorate over time. ( In Roman law, the usufruct was considered an encumbrance. In modern civil law, the owner of the usufruct is similar to a life tenant, and the owner of the thing burdened is the naked owner. - Also termed usufructus; perfect usufruct; (in Scots law) life-rent. Cf HABITATION (3)"Usufructus is the right of using and enjoying property belonging to another provided the substance of the property remained unimpaired. More exactly, a usufruct was the right granted to a man personally to use and enjoy, usually for his life . .. , the property of another which, when the usufruct ended, was to revert intact to the dominus or his heir. It might be for a term of years, but even here it was ended by death, and in the case of a corporation (which never dies) Justinian fixed the period at 100 years. A usufruct might be in land or buildings, a slave or beast of burden, and in fact in anything except things which were destroyed by use . . . , the reason, of course, being that it was impossible to restore such things at the end of the usufruct intact ...." R.W. Leage, Roman Private Law 181-82 (C.H. Ziegler ed., 2d ed. 1930).
Usufructuary
n. A person who has the right to the benefits of another's property; one having the right to a usufruct.
imperfect usufruct
See quasi-usufruct under USUFRUCT.
legal usufruct
A usufruct established by operation of law, such as the right of a surviving spouse to property owned by the deceased spouse.
perfect usufruct
See USUFRUCT,
quasi-usufruct
A right to consume things that would otherwise be useless, such as money or food. ( Unlike a perfect usufruct, a quasi-usufruct actually involves alteration and diminution of the property used. - Also termed imperfect usufruct. "The Roman jurists, therefore, would not acknowledge a usufruct of money; though, in their desire to carry out the wishes of testators, they came at length to recognize a quasi-usufruct. For testators, being seldom learned in the law, would often set forth as legacies in their wills the usufruct of a designated sum In such a case the person named as legatee was allowed to receive the amount on giving security that when he died the same amount should be paid out of his own estate to the heres, the heir of the testator. The relation here, though bearing some resemblance to the usufruct, was really quite different; the person who received the money became absolute owner of it; the heir had no ownership, nothing but the assurance of receiving an equal amount at some future time." James Hadley, Introduction to Roman Law 193 (1881).