{"id":3402,"date":"2022-03-13T23:45:52","date_gmt":"2022-03-14T02:45:52","guid":{"rendered":"https:\/\/monteirovalente.com.br\/?p=3402"},"modified":"2025-07-22T16:37:10","modified_gmt":"2025-07-22T19:37:10","slug":"usufruct-of-an-asset-how-and-when-it-can-be-applied-answer-your-questions","status":"publish","type":"post","link":"https:\/\/monteirovalente.com.br\/en\/usufruto-de-um-bem-como-e-quando-pode-ser-aplicado-tire-suas-duvidas\/","title":{"rendered":"Usufruct of an asset. How and when can it be applied? Get your questions answered."},"content":{"rendered":"

Many people have heard of usufruct and use this concept in many situations, even if they are unaware of its meaning and legal application. There are some doubts about how and when it can be applied. But what does this term mean? Provided for in articles 1225 (IV) and 1390 to 1411 of the Civil Code, this prerogative of use is considered a real right of fruition (usufruir) over something else in which one person confers on another the right to temporarily use a material or immaterial asset and defines this in its TTITLE VI \u2018Usufruct<\/strong>\u2019.<\/p>\n\n\n\n

Which goods are eligible for enjoyment?<\/h2>\n\n\n\n


In CHAPTER I of General Provisions, Article 1.390 of the Civil Code<\/strong> says that \u201cusufruct can be applied to one or more assets, whether movable or immovable, the entire estate or part of it, covering all or part of the fruits and utilities\u201d. This provision is quite wide-ranging and may, according to the quote (Diniz, 2011, p. 376), <\/strong>\u201cbe any property, tangible or intangible, such as copyright, works of art and shares in corporations.\u201d And in its Art. 1.39<\/strong>4 provides that the usufructuary has the right to possession, use, administration and perception of the fruits. However, Article 1.391 warns that the \u2018usufruct of real estate\u2019, when not the result of usucaption, shall be constituted by registration with the Real Estate Registry Office.<\/strong><\/p>\n\n\n\n

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\u201cPara a pessoa f\u00edsica, o direito de usufruto n\u00e3o pode exceder o tempo de sua vida. Para a pessoa jur\u00eddica, n\u00e3o pode ultrapassar o prazo de 30 anos\u201d – Cl\u00f3vis Bevil\u00e1qua jurista, um dos respons\u00e1veis pela elabora\u00e7\u00e3o do C\u00f3digo Civil de 1916.<\/p>\n<\/blockquote>\n\n\n\n

Why is usufruct interesting?<\/h2>\n\n\n\n

According to the Civil Code, ownership is split between two parties: the person who owns the property (usufructuary) and makes the donation, reserves the usufruct for himself, or in other words, ceases to be the owner, but has dominion over it, can enjoy it in any way he wants, being able to rent, lend, lease or leave it unused, etc.). The person who receives this property and becomes the \u201cowner\u201d, but does not have the usufruct, is called the \u201cnu-propriet\u00e1rio\u201d.<\/p>\n\n\n\n


Usufruct is a process that can be done during life, so that after death, the asset in question is already destined for the right person. The term comes from the Latin \u2018usus fructus\u2019 or use of the fruits, and means that the person to whom the owner destines it will be able to use the asset, without anyone being able to sell it.<\/p>\n\n\n\n

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\u201cN\u00e3o se pode transferir o usufruto por aliena\u00e7\u00e3o; mas o seu exerc\u00edcio pode ceder-se por t\u00edtulo gratuito ou oneroso\u201d. (Marcelo Andrade Ferraz – O Direito Real de Usufruto e Sua Verdadeira Veda\u00e7\u00e3o de Transfer\u00eancia)<\/p>\n<\/blockquote>\n\n\n\n

One example is a father who transfers property to his daughter, passing it on to her. In other words, the father will enjoy the property during his lifetime, but she will reap the rewards. Why is this interesting? Precisely because the owner can allocate his property to whom he feels is entitled to it, i.e. it is possible to divide the assets during his lifetime and not leave them to be divided after his death, thus avoiding possible litigation when there is a conflict of interest over the assets by the heirs. It is usually carried out when people are older and so they already allocate the assets, whether to direct heirs or entities, obviously following certain rules which prohibit them from allocating everything. And through this system it is possible to resolve the division of assets.<\/p>\n\n\n\n

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Paulo Hoffman in his article: What is usufruct anyway? He emphasizes that it is very common to establish this right by donation (from father and mother to children, for example), but it can also be done by will.<\/p>\n<\/blockquote>\n\n\n\n

When can this benefit end?<\/h2>\n\n\n\n