User Fruct Agreement

Under Polish law, the protection of a UPR is similar to that of property protection. The indefinite usufruit may submit a right to property for which it has been unlawfully deprived against an unauthorized owner (including the owner) of the property subject to the RPU. To protect the UPR, an eternal usufruit has the right to claim the return of its legitimate position against a person who violates his silent enjoyment of the RPU in a way other than that which deprives the eternal usufruit of effective control of the property. In France, usufruit is applicable to estates. According to French law, an unenforceable part, known as coercive property, goes to the surviving spouse of the deceased and leaves (with shares divided according to the number of children), the rest of the estate – the free succession – being freely sold at will. However, the surviving spouse may choose to divide the forced estate as it is, or to turn it into usufruit or to divide the estate into a dumpable part and a usufruit for the children`s lives. When a user is selected, a value of usufruit interest is set for inheritance tax purposes, payable by the surviving spouse on a sliding scale, depending on age. In reality, it consists of using and appreciating the property of others (the fruit!). The owner of this Usufructo owns the property, lives in it, uses it, but cannot give it up entirely. They are legally prohibited from transferring, modifying, incriminating or reducing the value of real estate. After all, it is in the possession of a third party. Usufruct, while valid, temporarily divides or shares the rights inherent in private property. In general, a usufruit is a system in which one person or group of people uses the good (often the earth) of another.

The Usufructuary does not own the property, but has an interest in doing so, which is sanctioned or authorized by the owner. There are two different usufruit systems: perfect and imperfect. In a perfect usufruit, the usufruit is allowed to use the property, but cannot change it significantly.