Extinction of Special Real Right of Enjoyment

Extract

[...] The Court of Cassation reaffirms on the one hand the existence of a real right of enjoyment devoid of the perpetual character and applies on the other hand the regime of extinction of usufruct to the special real right of enjoyment in the absence of a deadline (II). I. The reaffirmation of the existence of a real right of enjoyment devoid of the perpetual character In fact, in the absence of temporal limits to the right of use conferred by the owner the Court of Cassation rejects the perpetual nature of the special right of enjoyment A. [...]

[...] Thus, in this case, the convention governed by the parties is indeed about the right of use, and therefore faces articles 619 and 625 of the Civil Code. Unlike the right of ownership, the real right of enjoyment has a necessarily temporary character, like usufruct. We thus observe a rejection of the perpetuity of the special real right of enjoyment in the absence of an agreement between the parties regarding the duration of the latter. It is therefore necessary to apply the regime of extinction of usufruct to the real right of special enjoyment. [...]

[...] Thus, in accordance with these two articles, if the convention does not fix a duration, the real right of special enjoyment would then have a vocation to expire after 30 years. Therefore, one can be led to observe on the one hand the supplementary character of this regime that can lead to insecurity for the tenant on the property. B. A supplementary regime that can lead to insecurity of the usufructuary on the property In fact, in accordance with Articles 619 and 625 of the Civil Code, the legislator specifies that the extinction regime of the special enjoyment real right applies in the absence of a deadline set by the owner. [...]

[...] Court of Cassation, Civil Chamber January - Can a real right of special enjoyment, granted by the owner without specifying its duration, be considered perpetual? In this case, the association of co-owners of a building in Alençon, through an act dated April established a right of use on a unit consisting of a public electricity distribution transformer in favor of a company (EDF company, now known as ERDF). The syndicate, however, assigned the ERDF company 30 years later to have the expiration of the usage right convention and thus the liberation of the premises acknowledged. [...]

[...] A rejection of the perpetuity of the real right of special enjoyment In the absence of an agreement between the various parties regarding the duration of the right of use, the real right of special and exclusive enjoyment forever is limited. That is why it is important to notify Article 619 of the Civil Code. The latter specifies that 'usufruct that is not granted to individuals lasts only 30 years.' Through this article, there is a will of the legislator to enclose the regime of usufruct, but much more. [...]