Hyötyoikeuden

Hyötyoikeuden is a Finnish legal term that translates to "right of usufruct" or "beneficial right" in English. It refers to a right granted to a person or entity to use and enjoy the profits or benefits of another person's property without owning the property itself. This is a limited real right, meaning it is attached to the property and generally passes with its ownership, although specific agreements can modify this.

The concept of hyötyoikeuden is rooted in civil law traditions. It allows the holder, known as the usufructuary, to derive income or other advantages from the property. This could include the right to harvest crops from agricultural land, collect rent from a building, or use a property for residential purposes. However, the usufructuary is typically obligated to maintain the property in good condition and not to alter its fundamental nature or substance.

Common examples of hyötyoikeuden include situations where a surviving spouse is granted the right to live in and use the marital home after the other spouse's death, even if the home is inherited by children. Another instance might involve a company being granted the right to use a specific piece of land for its operations for a defined period. The duration and scope of the hyötyoikeuden are usually specified in a legal agreement or determined by law. This right is distinct from full ownership, as the underlying title to the property remains with the owner, who is often referred to as the naked owner. The owner's rights are significantly curtailed during the existence of the usufruct.