different between usufruct vs fideicommissum

English

Alternative forms

• usufruit (obsolete)

Etymology

From Late Latin ?sufr?ctus, from Latin ?sus-fr?ctus, ?sus et fr?ctus (“use and enjoyment”). Cognate with French usufruit, Italian usufrutto, usofrutto, Occitan usufrug, Portuguese usufruto, Spanish usufructo.

Pronunciation

• (Received Pronunciation) IPA^(key): /?ju?z(j)?f??kt/
• (General American) enPR: yo?o?z?-fr?kt', -s?-, IPA^(key): /?juz??f??kt/, /-s?-/,
• Hyphenation: usu?fruct

Noun

usufruct (plural usufructs)

1. (law) The legal right to use and derive profit or benefit from property that belongs to another person, as long as the property is not damaged.
   • 1931 September, H[enry] L[ouis] Mencken, “The Boon of Culture”, in The American Mercury, Torrance, Calif.: American Mercury, ISSN 0002-998X, ?OCLC, page 36; reprinted in H. L. Mencken, editor, A Mencken Chrestomathy: Edited and Annotated by the Author, New York, N.Y.: Vintage Books, May 1982, ?ISBN, part XVII (Pedagogy), page 313:

     Every American college president, it appears, is in duty bound to write and utter at least one book upon the nature, aims and usufructs of the Higher Education.

Synonyms

• liferent (Scots law)

Derived terms

• usufruction
• usufructuary

Translations

Verb

usufruct (third-person singular simple present usufructs, present participle usufructing, simple past and past participle usufructed)

1. (law, also figuratively) To use and derive profit or benefit from property that belongs to another person.
   • 1994, Abdullah Alwi Haji Hassan, “Loans, Deposit and al-?ajr”, in Sales and Contracts in Early Islamic Commercial Law, Islamabad: Islamic Research Institute, International Islamic University, (Islamic Research Institute, Islamabad; no. 92), ?ISBN, ?OCLC; republished Petaling Jaya, Selangor, Malaysia: The Other Press, 2007, ?ISBN, page 199:

     The use of the property of an orphan by a guardian who carries out his guardianship, is allowed for the latter's daily subsistence. Such use should be just and reasonable. […] According to al-Sha'bá, such just and reasonable use is like usufructing the milk of cattle, having services from servants and riding animals or vehicles, as long as such usufruction does not impair or damage the property itself.

Translations

Further reading

• usufruct on Wikipedia.Wikipedia

English

Etymology

Latin fides (“faith”) + commissus, past participle of committo (“to combine/hold together”).

Noun

fideicommissum (plural fideicommissa)

1. A benefit bequeathed to a beneficiary who inherits the benefit, subject to the obligation of bequeathing it to another.

   I bequeath my farm to my brother John on condition that he bequeath it to his son Peter. The farm is entailed or burdened by a fideicommissum.

Related terms

• fideicommissary
• fideicommissarius
• usufruct

Translations