kasutuseõigus

Kasutuseõigus, often translated as usufruct in English legal contexts, is a real right in Estonian civil law that grants a person the right to use another person's property and enjoy its fruits, without altering its substance. This right is typically established by law or by an agreement between the owner of the property and the usufructuary.

The usufructuary has the right to possess, use, and benefit from the property, including collecting any income or produce it generates. For example, if a usufructuary is granted the right to use a forest, they can harvest timber and sell it. However, the usufructuary is obligated to maintain the property in good condition and to return it to the owner in essentially the same state as it was received, barring normal wear and tear. They cannot fundamentally change the nature or purpose of the property.

Kasutuseõigus can be established for various types of property, including real estate, movable property, and even intellectual property rights. It can be granted for a specific period or for the lifetime of the usufructuary. Upon the termination of the usufruct, the property and its fruits revert to the owner. This legal concept provides a way to utilize property while ensuring its preservation for the owner.