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- Title
Usufruct in the new Belgian property law.
- Authors
Degeest, Ghijsbrecht
- Abstract
Moreover, the extension of the maximum duration up to 99 years is in line with the general desire for uniformization, not only of the maximum duration of usufruct in favor of natural and legal persons, but also of the maximum duration of the different property rights ( I emphyteusis i , I superficies i and usufruct), except for real servitudes. Usufruct on generic goods b - If the right of usufruct relates to generic goods, the usufructuary must physically separate these goods from other goods of the same type that are not subject to this usufruct (Art. The exception of Article 3.145, par. 2 CC is more limited than Article 595, par. 2 old CC in the sense that it only applies if the usufruct is terminated by death (natural person) or bankruptcy/liquidation (legal person). Usufruct on intellectual property b - If the usufruct relates to an intellectual property right, the usufructuary has the right to normal exploitation thereof.
- Subjects
PROPERTY rights; FREE trade
- Publication
European Property Law Journal, 2021, Vol 10, Issue 1, p81
- ISSN
2190-8273
- Publication type
Article
- DOI
10.1515/eplj-2021-0007