Flashcards Studio

A owns a 10-hectare salt marsh property with a house and a pier. By public instrument, A creates a 7-year usufruct in favor of Lila. During the usufruct period, Lila may reside in the house, operate a small salt-production business on the marsh, and grant a lease to a neighbor to operate a salt workshop on adjacent land. She must preserve the property in its current condition, pay ordinary charges including taxes, and may perform ordinary repairs at her own expense. She may not sell, mortgage, or otherwise encumber the property, and the usufruct terminates at the end of 7 years, when the property must be delivered to A in the same state, ordinary wear and tear excepted. After 3 years, A sells the property to Omar. The sale is made subject to the existing usufruct. (a) Identify the governing doctrine and the controlling rule for Lila's rights and duties under the usufruct. (b) Apply the doctrine to the facts: Are Lila's rights to reside, operate the salt-production business, and lease part of the land within the scope of the usufruct? (c) If A sells the property during the term, does the existing usufruct continue, and what is the effect on Lila's rights and on Omar's obligations as the new owner?