The Usufruct INTRODUCTION.

To understand this right, we must go back to the right of property , which is and where applicable. The property right is a right complex formed by the sum of various individual rights, which are: the right to use one thing, th e right to enjoy it and the right to dispose of it. Put another way, when I am t he owner of a thing, for example: a shack, I have the right to use it, live in i t, cultivating it, keeping there for my chickens, lambs, goats or whatever you h ave. Also I have a right, not only use, but to enjoy, or take advantage of the f ruits. In the example of the hut, if you have planted trees, I can take control and enjoy the fruits thereof. The concept of fruit is allegorical and not only r efers to plant products. If I own a home and income, because incomes are civil f ruits of it. Finally, I have the right to dispose of the thing, making it what I want, and sell, give, mortgage and, with some restrictions, to destroy it. The right to property, including the rights listed above, you can break up into its components, which are the rights to use, enjoy and dispose. In these specific du ties derived from property rights, we find the right of usufruct. So, I can break up my right to property, while owning the ranch, give to another the right to use a nd enjoy it. This right is called right of "usufruct." Even the word itself we c an noted as originating with the words "use" and "enjoy." Consequently, when the pr operty right has been dismembered so, the owner, who no longer has the right to use and enjoy, because it has transferred to a third party, now known as "remain der beneficiary" in the former Rome has referred to its property rights naked wi thout the other rights that are natural. The third, which does not have the powe r to dispose of the thing outside, but whom he has been handed the right to use and enjoy it, is known as "usufructuary." A usufruct may be temporary, just for a certain time and the expiration thereof, be extinguished, making the "remainde r beneficiary" to "owner" complete. It can also be for life and last as long as you live the usufructuary or the bare owner. This right is called "real rights" which are exercised in relation to the thing, and should not be confused with th e right to lease, but also allows a person to use-and sometimes outside enjoymen t, one thing is for called "personal rights." The fundamental difference between personal rights and real is only the first practice in relation to persons of t he contractors. Usually they only have legal effect on them. Rights in rem, howe ver, are exerted on the thing and everyone has a duty to respect them. In the ca se of usufruct, a real right, the usufructuary may bring suit against anyone who seeks to deprive him of his rights to use and enjoy the thing and still pursue the matter, although it has changed ownership Usufruct. CONCEPT. It is the right time to enjoy real and the goods of others. Under this definition, the usufruct is a real right, always temporary, consisting only enjo y the goods of others. It is a real right, temporarily, by nature life, to use a nd enjoy the property without altering its form or substance. Real law of tempor al efficiency, which gives the holder the enjoyment of the profits derived from the normal use of the thing outside, conditioning with the obligation to return, at the time appointed for the purpose of the same thing or its equivalent. It i s a real right disfusfrute, exercised on an alien thing, with the obligation to preserve its substance necessarily extinguished by the death of the usufructuary . From the above we can deduce that the usufruct is that right by which you can enjoy something alien or foreign. The usufruct is a real right of enjoyment, is among those rights is made in property, usually real estate, to enjoy its use, p artially or totally, someone other than the owner. In the past, to the right, us ufruct was a personal right. Modern law considers the usufruct as said real righ t of enjoyment in conception according to their nature. It is a real right for t he following reasons: ï §

ï § Because of its origin: the real right comes from the modes of acquisition. For t he constitution of the real right, title and required mode.€The title appears w hen the man puts into action some of the sources of obligations, and the mood is the way it performs the title. The usufruct is a right of enjoyment, and that t he person can enjoy one thing that is indispensable in front of her, and the way for this to happen is the realization of one of the ways to acquire. The active subject: For active subject means the holder of the right. In the real right th e active subject is faced with a thing that must be respected by all others. The owner or the active subject of right of usufruct is in exercise of a right, the n, is enjoying a certain thing from being respected by others. ï § ï § ï § The taxpayer: The real right the taxpayer is made by third parties in general. I n the right of usufruct, the owner still enjoying the thing, it seems logical to conclude that they are third parties to whom the obligation rests with passive and therefore this aspect is also seen the character of the right of usufruct. T he object: the object of real right is a certain thing. Being able to enjoy the beneficial owner a certain thing, it is clear that the usufruct concept is prese nted as a real right. Of actions occur: The actions are the means which the law has been established to enforce the rights. Actions to enforce property rights, are directed not against a specific person, but against the thing that you have referred to the right, at the time of exercising the action. The usufructuary may direct his not against a specific person, but against who i s in possession of material things to the right of usufruct. It can be concluded from the foregoing then that the right of usufruct is a real right, as the mani festations of the usufruct right fit entirely real. CONCEPT BY LAW. The Usufruct we find laid down in Title III Chapter I, articles 703 to 737 of the Civil Code . The law does not give us an idea of what is the usufruct is why we must look t o the doctrine, which presents various concepts, which will serve to give us a p ersonal idea, it can be determined as follows: The Usufruct Real is the right wh ereby a person called Nudo owner conveys the use of property to another person f or a specified period or for life, expiration of the period ending with the deat h of the beneficiary respectively. THINGS SUSCEPTIBLE of usufruct. The usufruct can lie about all kinds of property , both movable and immovable, tangible and intangible. The uses fall into two cl asses in a personal ABUsufructo .- When it is on a totality of facts or law on a n aliquot of the same. This usually occurs when the usufruct will confer a favor of all the assets of the estate includes all assets of the author of the inheri tance. WAYS TO CREATE THE Usufruct A. - With the contract. B. - On the testament. C. An act unilaterally. D. - By law. E. - By prescription. OBLIGATIONS PRIOR TO THE GRANTING OF WRITING of usufruct. The identity card of t he parties appearing if they are not known to the notary title of ownership of t he asset given in usufruct. FURTHER OBLIGATIONS. - Reason securities or related documents - Send Special Tes timony to the General Archive of Protocols within twenty five working days after authorization of the writing. Here we cover the tax of two per thousand, as thi

s particular value, because although the usufruct has been made for free is to e stimate its value. - Giving Testimony to the customer first, which must be prese nted with a duplicate to the General Register of Property. You must pay the VAT which is 12% of estimated value. RIGHTS ARISING of usufruct. First of all the beneficial owner is entitled to exe rcise all the claims and defenses real, personal or possessory and be considered as a party to any litigation, but is followed by the owner, provided that an in terest in the usufruct. But it must compensate the owner of the damage that has been the thing in case of total loss of the house used by that fraud or negligen ce, should be with equal quality and gender. And the usufructuary has a double r ight: Right to use the thing (usus). This is the right of the beneficial owner of the thing materially from use for pleasure or personal gain according to the nature of the thing itself. Right to receive their fruit (fructus). This right to receive all the fruit. Oft en the beneficial owner is limited to receiving the fruits one without having th e actual possession of the thing€which is held by a lessee or tenant. Of these two elements was derived its name. ELEMENTS These are divided as follow s: 2 Personal Items: These are made by the beneficial owner or holder of the enjoymen t and use of the alien, and the bare owner, owner of the thing. Real Elements: s hould be on or something or others. Formal elements: public must be made in writ ing and must enroll in the registry. CHARACTERS The characters of usufruct are: It is a real right: So the owner has an immediate relationship and legal power over the thing. It's about one thing o r rights of others may be temporary or lifetime substance must be retained Intui tive personae is sold, taxed and leasable DELUSUFRUCTO CONSTITUTION. A usufruct may be created in two ways: 1 Fruits: are products that can make things at regular intervals, without diminish ing their own substance. Latinos declined two separate two voices usus and fruct us, which finally came together, forming a single. On contract: a contract between its clauses is the enjoyment of something for a certain person. For example, A sells to B a building, but if A is reserved for a life interest mismo3. An act of last will: donation upon death. This

is made by will or - An act unilaterally. - By law. - By prescription. Of the usufruct FORM BY LAW. The law also speaks of ways to the life interest, it is found in the Civil Code which reads: Article 704. - Form of incorporation. The usufruct is established by contract or act of last will. We see that the law speaks of two forms, which are used in our environment. It is worth explaining that in talking contract, we can be the usufruct in a separate contract and so we can build on when we are m aking other Contrato4 CLASS usufruct. Their formation can be done in the followi ng ways: Usufruct For fixed time: This refers that is made with no time limit. I t may not be up for more than thirty years, except in the case of domestic goods in which case it may be up to fifty years. Life interest: ie throughout the lif e of the usufructuary. When the creation of the usufruct is not fixed time for i ts duration, the term constituted the life of the usufructuary. Purely: this mea ns that it is subject under certain conditions: It is when the usufructuante put s one or more conditions to the usufructuary. April 3 Life interest: to the death of the usufructuary Example: In the case of an inter vivos donation can provide enjoyment to preserve the use of the property. Usufruct EXTINCTION BY LAW. Our Civil Code Article 738, provides that the usufru ct is terminated or ends in the following cases: On the death of the usufructuar y for the deadline by which formed, or made the condition resolutoria5 which was subject to the usufruct. For meeting of usufruct and property in the same perso n, but if the union takes place on one thing or part of the usufruct, for the re st remain for the enjoyment. Prescription. Resignation of the beneficial owner, except as provided for waivers made in fraud of creditors. For the loss of the t hing enjoyed. If the destruction is total, the right continues on the rest. By knowledge learned as law and doctrine, can terminate the usufruct of the foll owing ways: A. - By the death of the usufructuary. B. - On the expiry of the per iod to be determined. C. - In compliance with the conditions imposed by establis hing title to the cessation D. - For consolidation, meeting in a person the qual ities of usufructuary and owner. E. - By prescription. F. - On the resignation o f the usufructuary. G. - On the loss of everything H. - On the revocation of the constitutional right of the owner when its domain being the time comes revocabl e revocation. 5 Condition subsequent: is one whose conduct has the effect of the termination of a contract. I. - Not to grant bail in gratuitous usufruct. J. - The cancellation or cessatio n of entitlement which constituted the usufructo.6 COMMENT. According to the work I have to realize that the usufruct is a personal right rather large, since it takes into account the use and fruits of the good. Instead use rights and the room are more limiting, since they are not specific and it can not encumber or dispose. In practice I found that the usufruct is ver y common. It is widely used life interest, this right is widely used to safeguar d the use of the property and avoid all kinds of problems.€One noteworthy examp le is if a mother gives her children a good and saved for her life interest, is very logical as it sounds however strong the mother is being protected from bein g pulled out into the street. This is terminated in this paper which were estima ted to law, as well as several books that could be reached conclusions that are detailed on the next page. 6

Example: If the owner of the thing usufruct ceases to be under court order. CONCLUSIONS: 1. The usufruct is a real right of enjoyment. 2. The usufruct is in tended use of property without altering its form or substance. 3. A usufruct may be temporary and for life in April. The usufruct can lie about all kinds of pro perty, both movable and immovable, tangible and intangible 5. The usufructuary h as the rights to use the thing and enjoy the fruits. 6. A usufruct may be create d by contract or act of last will. NUMERO UNO (1). In Guatemala City, on June 2, two thousand three, BEFORE ME: PAB LO ALVAREZ JOSE IRIARTE, Ontario, appear, first lady NATALIE Sagastume DE CASTEL LANOS, fifty-nine years old, married, housewife home, Guatemalan, this home, and on the other hand, Mrs. Elida ELIDA JOSEFINA Sagastume Tortola CASTELLANOS, twe nty years old, married primary school teacher, a Guatemalan, of the home, both a re people of my previous concimiento ATTEST: I am assured that the same found in the free exercise of their civil rights, personal data be entered, and that thi s instrument is Usufruct in accordance with the following clauses: FIRST: Is Mrs . Sagastume NATALIE CALDERON DE CASTELLANOS , which is the legitimate owner of u rban property number six thousand and seventy-one (6071), folio one hundred thir ty-two (132) of the fifty-eight book Escuintla, with the surface, measures and b oundaries that appear on its first registration domain registration of the prope rty. SECOND: Mrs. Natalia continues to manifest Sagastume DE CASTELLANOS, that t his instrument is temporary usufruct and by its nature free of charge on the pro perty described in the preceding clause in favor of his daughter ELIDA JOSEFINA CASTELLANOS Tortola, under the following provisions: a ) the term of this contra ct is for ten years, counted from the date b) civil fruits are products of the l and to the usufructuary, who may freely dispose of them, c) extends the enjoymen t of all that of fact and by right to the good, being limited cutting of existin g trees d) the usufructuary can use either personally or lease, provided that th e period shall not exceed ten years for which she shall enjoy the usufruct, if i t will alienate usufruct, the period should be overcome before the expiration of the usufruct. e) improvements to the property are in favor of property without compensation f) is exempted from the obligation to take stock and provide securi ty, not to be necessary because there is only room house; g) repairs are borne b y ordinary the usufructuary; h) will also on behalf of the Beneficial tax paymen ts to this contract i) this usufruct is estimated in the sum of one thousand ann ual quetzales. THIRD: Declares Mrs. NATALIA Sagastume DE CASTELLANOS, that no such property on weigh charges, annotations, or limitations that may affect the rights of grantee s, being aware, by warning of Ontario, the scope of this statement. FOURTH: For its part, Mrs. JOSEPHINE CASTELLANOS ELIDA Tortola, expressed in terms related t o accept the temporary usufruct is constituted in his favor, expressing their gr atitude for the same which comes into possession of the property to their satisf action. There being no further to be noted: I, the notary attest: The above, of having it the title that certifies the ownership of the property that is donated by this act, that warns about the payment giving respective tax and legal purpo ses of this contract, and the obligation to submit for registration the testimon y of this writing, and I read what was written entirely on testified, those awar e of its contents, purpose, validity and other legal purposes , agree to ratify and sign. NUMBER FORTY-FOUR (44) .- In the city of Guatemala on October 24 two thousand on e BEFORE ME: FERNANDO CESAR Alvarez Guadamuz, Ontario, appearing on the one hand Mrs. BLANCA AZUCENA MONTT Sagastume OF GONZALES, forty-four years old, married, Guatemala, loves his home, this home€who is identified with identity card numb er six script order F (F-6) and registration number fifteen thousand four hundre d and one (15 401) issued by the Mayor of the Municipality of Taxisco, the depar

tment of Santa Rosa. And by the second party MONTT Mrs. VIOLET AURA Sagastume, f ifty-two years old, single, Guatemalan primary school teacher, this home is iden tified with the identity card serial number F slash six (F- 6) and registration number twelve thousand three hundred and twelve issued by the Municipal Mayor of the Municipality of Taxisco, the department of Santa Rosa. The show appearing t o be of personal identification data and related, be in the free exercise of the ir civil rights, and state that this instrument appear to conclude the contract of assignment of rights of succession, in accordance with the following clauses: FIRST: Is Ms. BLANCA AZUCENA DE MONTT Sagastume GONZALES, which as demonstrated in the open will be contained in the public deed number sixty-eight (68) in Guatemala City approved the Notary: JOSE MOLINA DIAZ , on September 28th of 1988 , and gave his late father: Mr. OSCAR MONTT BETTETA, which is the probate process backlog, is sole heir of the deceased along with her sisters who respond to the names: Dorothy THELMA MONTT Sagastume Mill, ARMIDA MONTT Sagastume OF GONZALES, AURA VIOLET MONTT Sagastume, ERWIN ROBERTO OSCAR ROLANDO MONTT MONTT Sagastume and Sagastume, under the second clau se of that instrument, and therefore not having been begun, much less settled th e Probate Process Probate of the deceased, and have verified in the book for the General Register Property, FINCA URBANA Number: NINE HUNDRED FORTY-SIX THOUSAND SIXTY-FIVE 88) Book Number: NINE HUNDRED Avenue script number two and still registered in the name (46.065) folio number: EIGHT HUNDRED AND EIGHTY (1 FORTY-THREE (943) GUATEMALA, located at the thirty fifty one of Kaminaljuyu seven of the city area is of the deceased. SECOND: Continuing says Ms. WHITE

AZUCENA MONTT Sagastume OF GONZALES, which by this contract, and the total price of THIRTY THOUSAND QUETZALES (30,000.00), which receives today for your satisfa ction, from the hands of her sister Mrs. VIOLET AURA MONTT Sagastume, and Prior to this contract, sell, cede and transfer its rights of inheritance that has, on the seventh fair share of the property identified in the preceding clause, her sister Mrs. VIOLET AURA MONTT Sagastume, rights available under their real , and free of encumbrances, annotations and limitations, which could adversely affect the grantee, but in any case requires the consolidation of law. THIRD: By warni ng of the undersigned Notary Public, Ms. BLANCA AZUCENA MONTT Sagastume OF GONZA LES, said that as law, is responsible for the improvement of their quality of te stamentary heir, and the general sanitation of their hereditary rights it has on the seventh part of the urban property and identified in this contract, and sin ce this time their rights are mentioned in the possession of Mrs. VIOLET AURA MO NTT Sagastume. FOURTH: Expose on the other hand the lady VIOLET AURA MONTT Sagas tume, in the terms set forth above, it accepts for itself, the transfer of hered itary rights Probate, which is made by means of this contract. FIFTH: Both say t hey accept giving the entire contents of this contract. I, the notary ATTEST: Al l the above, that I had before it the related vicinity cards, and half of which were identified for this instrument features, from which I had before it the tes timony of public deed number SIXTY-EIGHT (68), authorized by the Notary JOSE MOL INA DIAZ, on September 28th of 1988, and which contains the will and identified, and through which the evidence of the possession cesionante real and effective hereditary rights of yields by this contract that warned of the giving of their obligation to pay the estate tax, and the corresponding record of the testimony of this writing, I noticed from the giving of the effects, I read to all written and well aware of its contents, validity, and other legal purposes, you agree to ratify and sign. FIRST WITNESS IS THE PUBLIC DEED NUMBER SIX (6), entitling IN THIS CITY, THE DAY TWO OF JUNE TWO THOUSAND THREE TO DELIVER A JOSEPHINE MRS CASTELLANOS Sagastume

on Tortola€SEAL AND SIGNED IN TWO LEAVES OFFICE SIZE BOND PAPER, PHOTOCOPY SHE ET BEING above, FAITHFUL COPY OF YOUR ORIGINAL PRINTED ON BOTH SIDES AND THE SEC OND IS THIS SHEET OF PAPER ON THIS BOND. REASON: THE VALUE ADDED TAX (VAT) FOR T WO HUNDRED THOUSAND CASH Quetzal, SAT RECEIPT BY EIGHTY-THREE THOUSAND ONE, date d today, which is attached to this testimony. EN LA CIUDAD DE GUATEMALA FOUR DAY OF JUNE TWO THOUSAND THREE. SPECIAL WITNESS IS THE NUMBER ONE PUBLIC WRITING (1), entitling IN THIS CITY, TH E DAY TWO OF JUNE TWO THOUSAND TWO, TO PROVIDE THAT THE GENERAL FILE PROTOCOLS, extend, NUMBER, SEAL AND SIGNED IN TWO SHEETS OF PAPER SIZE BOND OFFICE, BEING T HE BLADE OF PHOTOCOPY above, a true copy of original, THIS SHEET SIZE BOND PAPER CRAFT. PHOTOCOPY SHEET IS PRINTED ON YOUR FRONT AND BACK AND THE SECOND IS THIS SHEET OF PAPER ON THIS BOND. GUATEMALA CITY IN THE MAY DAY FOUR TWO THOUSAND TH REE. Source: http://www.lexglobal.com/content.php?content-type=doc&id=5&title=Apuntes