Nießbraucher

Nießbraucher is a German legal term referring to a person who holds the right of usufruct. This right, known as Nießbrauch, is a limited real right that grants the holder the right to use and enjoy the benefits of another person's property without owning it. The property in question can be movable or immovable, such as land, buildings, or even a business. The Nießbraucher can live in a property, cultivate agricultural land, or operate a business and keep the profits generated.

The owner of the property, referred to as the "burdened owner" or "Nichterfüllungsberechtigter," retains legal ownership but is restricted in their ability to use or benefit from the property during the term of the Nießbrauch. The Nießbrauch agreement typically specifies the duration of the right, which can be for a limited time or for the lifetime of the Nießbraucher. Upon the termination of the Nießbrauch, the property and all its benefits revert fully to the burdened owner. This legal concept is often used in estate planning and inheritance to ensure a surviving spouse or other individual can continue to benefit from assets during their lifetime.