Usufructuary Agreement

If the naked owner has requested the repair and the usufruit still does not, the owner can do it at the expense of the 1. The agreement of the parties or the title giving usufruit2. In the event of a default, the Civil Code applies. The naked owner generally does not have the right to sell the usufruit to another, after first selling it to the usufruit, but if he does, the rules for double sales apply 1. The owner must be notified beforehand2. The state of immobility must be described3. Furniture must be evaluated4. As a general rule, no form is required, unless there are real properties5. The costs are borne by the usufruit6. Influence of non-inventory, as if security is not specified7.

If the warehouse is not necessary. If no one is injured, provided the naked owner agrees. In case of waiver by the naked owner or the law or where there is a contractual provision or the right of usufruit transfer of the property, the use and enjoyment of real estate from the owner to the usufruit. Usufruct can only be registered on duly titled land and is set up in agreement with the owner and registration with the local Landratsamt. Article 612. At the end of the usufruit, the object is delivered in usufruit to the owner, without prejudice to the right of retention of the usufruit or his heirs for the extraordinary taxes and charges that should be repaid. Once the delivery is made, the guarantee or mortgage is cancelled. (522 bis) Art. 587. If, on the basis of a promise of oath, the usufruit which did not assert the guarantee of the provision of the furniture necessary for its use and that he and his family can live in a house contained in the usufruit, the Tribunal may, after properly considering the facts, grant this request. The same rule must be followed with respect to the appliances, tools and other personal goods necessary for an industry or vocation in which it operates.

If the owner does not want certain objects to be because of their artistic value or because they have sentimental value, he can ask for their delivery if he gives the guarantee for the payment of legal interest on their assessed value.