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la moitiê en usufruit desdits biens

English translation: usufruct in half of said property

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:la moitiê en usufruit desdits biens
English translation:usufruct in half of said property
Entered by: Sue Crocker

11:52 Jun 18, 2008
French to English translations [PRO]
Law/Patents - Law (general) / estates
French term or phrase: la moitiê en usufruit desdits biens
THis appears in the section that specifies what has been left to whom. It appears in the following context.

Aux termes d'un testament fait à XXX, le jour, mois, année,
M X a légué à
- ses deux enfants,l'intégralité de ses biens dépendant de sa succession,
- Mme XXXX , son épouse, ***la moitié en usufruit desdits biens,**** ainsi que le droit d'habitation du Château Y, sa vie durant.

So, if I understand correctly, the children get the assets from the estate and the wife gets the right to use or benefit from half of the assets - this is what I don't understand - if the children get all the assets how can she have the right to use or benefit from half the assets - mayabe I'm understanding this at all!! Does this make sense or is it just me?
Sue Crocker
Canada
Local time: 17:41
usufruct in half of said property
Explanation:
The way the sentence is crafted, the testator bequeaths half of all the estate - but in the form of usufruct - to his wife. So I think the widow has all the usufruct of half the estate, as opposed to half the usufruct of all the estate.

Usufruct is essentially a temporary right (note that the words "sa vie durant" at the end of the bequest in the above example impose a time limit on the usufruct).

The usufructuary has the right to enjoy the property and work it and reap what it produces, so long as he/she doesn't deteriorate it. Meanwhile, the property is owned by the "bare-owner" or "naked-owner", who is entitled to recover his land in good condition at the end of the usufructuary period
Selected response from:

Christian Robitaille
Canada
Local time: 15:11
Grading comment
thanks to all for your invaluable help
4 KudoZ points were awarded for this answer



Summary of answers provided
5usufruct in half of said property
Christian Robitaille
3one-half usufruct of said goods/possessions
Vicky James
4 -1joint usufruct
Juliette Scott


Discussion entries: 2





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
one-half usufruct of said goods/possessions


Explanation:
Someone can still be given the right to enjoy or use goods/property that belongs to another person, as long as they don't mess it up! So you are right in what you are thinking.

Vicky James
United Kingdom
Local time: 21:11
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
agree  brandane: I agree, in Scotland when we're talking about habitable property, we use the word "liferent"
47 mins
disagree  Christian Robitaille: "la moitié en usufruit desdits biens" means ALL the usufruct of HALF the estate, rather than the opposite.
5 days
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21 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
joint usufruct


Explanation:
Lots of references - but here's one

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/6acb5ee310e2250f41...

Juliette Scott
United Kingdom
Local time: 22:11
Specializes in field
Native speaker of: English
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
disagree  Christian Robitaille: The widow is the sole usufructuary on the estate, with 100% of the usufruct of half the estate.
4 days
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5 days   confidence: Answerer confidence 5/5
usufruct in half of said property


Explanation:
The way the sentence is crafted, the testator bequeaths half of all the estate - but in the form of usufruct - to his wife. So I think the widow has all the usufruct of half the estate, as opposed to half the usufruct of all the estate.

Usufruct is essentially a temporary right (note that the words "sa vie durant" at the end of the bequest in the above example impose a time limit on the usufruct).

The usufructuary has the right to enjoy the property and work it and reap what it produces, so long as he/she doesn't deteriorate it. Meanwhile, the property is owned by the "bare-owner" or "naked-owner", who is entitled to recover his land in good condition at the end of the usufructuary period

Christian Robitaille
Canada
Local time: 15:11
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 73
Grading comment
thanks to all for your invaluable help
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