USUFRUCT

1. Introduction

In Turkish Civil Law, usufruct , which holds an important place within the system of real rights , is a type of limited real right based on the principle of transferring not the entire ownership right of a property, but only the rights to use and enjoy it, to another party. It grants a third party extensive and direct rights to use the property without eliminating the owner's status.

This study will examine in detail the definition, legal nature, subject matter, acquisition, use, termination, rights and obligations, and practical application of usufruct rights.

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2. Definition and Legal Nature of Usufruct Rights

2.1. Definition

A usufruct right is a non-transferable , limited , or lifetime real right that grants another person the right to use and enjoy an object, while the ownership right remains with the owner .

2.2. Legal Nature

A usufruct right is a real right established directly over an object; it grants the right holder the powers of actual and legal possession. While the rights of possession, use, and obtaining produce pass to the usufructuary, the power of disposal remains with the owner. In this respect, a usufruct right serves as an example of the division of ownership

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3. Elements of Usufruct Rights

For a usufruct right to come into existence, certain fundamental elements must be present simultaneously:

3.1. Subject of Rights

Usufruct rights can be established over property assets that are subject to the legal system. These include:

• Movable property

• Real estate

• Rights (e.g., the right to claim)

• Entire assets (e.g., businesses)

They can be classified as follows.

3.2. The Duration Factor

A usufruct right can be established for a fixed term, or it can be established for life, depending on the individual. A usufruct right established in favor of a natural person upon the death of that person . For legal entities, the maximum term is 100 years .

3.3. Strong Personal Loyalty

A usufruct right is a right strictly personal to the individual. Therefore, transferred, pledged , or inherited. However, the right holder may allow third parties to use the property (for example, by renting it out).

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4. Acquisition of Usufruct Rights

Usufruct rights can be acquired through various legal transactions or events. These are examined below.

4.1. Acquisition through Legal Transaction

The most common way to acquire a right is through a contract. A right is established through a usufruct agreement between the owner and the rights holder. For immovable properties registration of this agreement in the land registry is mandatory. Registration ensures that the right can be asserted against third parties.

4.2. Acquisition by Will

A testator may bequeath a usufruct right over one of their assets to a designated person through a will. The designated person acquires the right after the will is executed.

4.3. Cases of Legal Acquisition

The law may, in some cases, directly establish a usufruct right. For example, a usufruct right may be established over the family home in favor of the surviving spouse.

4.4. Winning by Court Decision

In certain special circumstances, courts may decide to establish a usufruct right in the interest of equity or for the resolution of a dispute.

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5. Scope of Usufruct Rights

5.1. Permission to Use

The owner may use the property themselves or allow someone else to use it. However, this is subject to limitations such as the suitability of the property for its intended purpose and the preservation of its value.

5.2. Right to Benefit from the Fruits

The usufruct holder benefits from the natural (e.g., produce) and legal (e.g., rental income) fruits provided by the property. This right constitutes the most fundamental economic dimension of usufruct.

5.3. Authority to Provide Legal Protection

The usufructuary can initiate legal proceedings to protect the property. If their possession is violated, they have the right to file a lawsuit for injunction or compensation for unlawful use of the property.

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6. Rights and Obligations of the Parties

6.1. Obligations of the Usufructuary

• To use the property for its intended purpose

• To preserve its value

• Performing routine maintenance and repairs

• To cover certain expenses such as taxes and insurance

• Returning the goods at the end of the period

6.2. Limitations to be Accepted by the Owner

The owner cannot actually use the property during the usufruct period. However, since the ownership of the property remains with them, they can sell it or restrict it with other real rights. But these transactions do not terminate the usufruct; the new owner is obliged to acknowledge the existence of the right.

7. Aspects of Usufruct Rights in Practice

7.1. Usufruct Rights over Immovable Properties

This is the most common type of usufruct in real estate law. For example, an elderly mother can transfer the usufruct right of her house to her children, while relinquishing it in her favor. Thus, ownership passes to the children; however, they retain the right to use the house until the mother's death.

7.2. Usufruct Right over Company Shares

In joint-stock companies, shareholders can transfer their right to receive dividends to another person by only transferring the usufruct right to their shares. This is especially common in inheritance and property regime disputes.

7.3. Usufruct over Intellectual Property Rights

Usufruct rights can also be established over rights such as copyrights and patents. While the rights holder grants the right to generate income to a third party, the original rights holder of the work remains.

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8. Comparison of Usufruct Rights with Other Rights

8.1. Comparison with Property Rights

While ownership rights encompass all rights of use, enjoyment, and disposal, usufruct rights only include the rights of use and enjoyment. The right of disposal does not pass to the usufructuary.

8.2. Comparison with Lease Agreement

While a lease agreement creates a personal debt relationship, usufruct is a real right and can be asserted against everyone. In this respect, usufruct is much stronger than a lease agreement.

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9. Evaluation and Conclusion

Usufruct rights are an effective tool providing legal protection both in the transfer of assets and in the protection of income rights. They offer practical benefits, particularly in situations where elderly individuals wish to retain the right to use and benefit from their assets throughout their lives before transferring them; in family property arrangements; inheritance planning; and in complex economic relationships such as business transfers.

However, since this type of right imposes significant limitations on its scope, it must be carefully regulated both when established and terminated, clearly stated in the land registry records, and contractual details meticulously prepared.

Problems encountered in practice generally stem from ambiguity in contract terms, lack of clear timeframes, abuse of rights, or incomplete registration procedures. Therefore, obtaining legal support during the establishment or termination of usufruct rights is crucial.

                                                                                                                     Law Faculty Student Feride Sıla HELVACI