06 Feb Usufruct Right
The right of usufruct is a right of easement on the property or property of another person, which allows a certain person to make full use. The creation of the right of usufruct retains the value of the property, the property or the right of the property, while the benefits are allocated to a certain person.
The right of usufruct appears in three forms, which are established by contract and established by court decision and the legal right of usufruct.
The usufruct right on the immovable properties is arranged with the official certificate and registered with the title deed. The legal provisions related to the transfer of immovable property are also applied to usufruct rights established on immovable properties. Therefore, if an immovable property owner can sell his / her property, he / she can also establish usufruct rights for the benefit of a third person. This third person may be a natural person or a legal person.
In practice, the owner of an immovable property usually has the right to pay the right of usufruct on the ownership of the dry ownership of the ownership of the usufruct right to register the title deed is born. For example, the father holds the right of usufruct of usufruct on the usufruct and sells his dry property to his children. Of course, the opposite is possible. In other words, it is also possible for the owner to establish the right of usufruct in favor of someone else by holding the dry property on itself.
The legal right of usufruct is the usufruct rights stipulated in the law. Even if the legal right of usufruct on the immovable property has not been registered to the land registry, it can be put forward against those who know the situation. However, if registered, it can be put forward against everyone. The usufruct rights arising from the law are as follows:
1)The right of usufruct of the surviving spouse (with the amendment made to the Civil Code with the Law No. 3678 dated 23 November 1990), the right of usufruct on the inheritance of the surviving spouse has been abolished. is possible.)
2)The right of usufruct on the goods of the minor under the custody of the parents
3)The usufruct right of the husband on the goods of his wife
If the subject of the usufruct right is immovable, the contract for the establishment of usufruct right must be made officially. If the owner refrains from the registration request, the creditor may provide the judicial facility of the right of usufruct. With the decision of the court, the usufruct right is born unregistered. In addition, it is important to note that the court decision on the usufruct rights to be established pursuant to the court decision is sought.
The expiration of the usufruct may vary according to the subject of usufruct right, such as its establishment. There are more than one reason for the termination of usufruct allocated on the real estate. These;
If the right of usufruct has been established for a limited period, the expiration of the period or the waiver of usufruct right
Death or disappearance of personality (termination of legal entity, gaiplik etc.)
Complete destruction of the real estate
The expropriation of the real estate
Sale of real estate through forced execution
can be listed as. End of usufruct rights on movable items or receivable rights are two types. The first one is the disappearance of the carriage or the termination of the right to claim. The second possibility arises from the fact that the duration of the usufruct right depends on the period of time, if it is not due to the period, the death of the right owner or the disappearance of his personality.
Upon expiration of the right of usufruct, the right holder shall return to the owner the right of usufruct right. As a rule, the owner of the usufruct right must return the item as it received it. Although the owner of the right of usufruct cannot be held responsible for the wear and tear caused by normal use, the usufruct holder is responsible for the damages that occur outside of them, unless they prove that they are not composed of their own defects. At the same time, the beneficial owner of the usufruct is also obliged to compensate the products obtained by exceeding the limits of usufruct rights.
In return for these responsibilities of the usufruct right holder, the owner of usufruct may demand compensation for the expenses and additions he makes to the goods although he is not obliged and in accordance with the provisions of the contract. Both the owner and the owner of the right of usufruct of the owner of the right to compensation for the period of one year from the return of goods are subject to limitation.