What is the right of use? »Its Definition and Meaning [2019]
The right of use is a real right that generally consists of the power to enjoy a limited part of the benefits and products of a thing.If it refers to a house and the utility of dwelling in it, the right of room is called ».
The rights of room for use and are formed in the same way as the right of usufruct, that is, as follows:
- By law.
- By state.
- By donation, sale or other act among the living.
- By prescription.
And they are extinguished:
- By death of the user or inhabitant according to the case.
- For the resolution of the right of the constituent of the right of use or room.
- For consolidation of the right of use or room with the property.
- By prescripcion.
- By waiving the right of use or room.
The rights of use are transferable to the heirs , nor can they be transferred in any way, and the user or the inhabitant cannot lease, transfer or lend any object to which his right is extended.
The aforementioned rights they are different from the right of usufruct because in the usufruct, the usufructuary fully enjoys his right, that is, he can enjoy the fruits of the thing, while the right of use or room is limits to the personal needs of the user or habitat; in the usufruct you can lease, assign the usufruct good and in the right of use no.
The right of use is a real right that allows an individual to have and use a which is not legally owned, taking into account the needs of the user and his family.The rights and obligations of the user are established in the constituent title and, if it has not been done , they are regulated by what the legislation says about it.
Any type of good that can be used can be part of the legal figure , whether real or personal, and must appear as the right holder of use of both physical and legal persons, in the case of legal persons it is necessary to establish a limit of time .It is a personal right, therefore, it cannot be alienated or rented.
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