For some time it occurs, with increasing frequency, the purchase of bare property subject to the right of usufruct in favor of the seller. In this case it is useful that the buyer knows the rights and obligations arising from this type of purchase. The seller, especially if old, gets a substantial income from the sale of the bare ownership, without having to leave the property and which still bound by a sentimental value. The value of the asset is determined by the reduced value of the freehold value of the usufruct, the amount of the seller and inversely proportional to age: the greater the age of the seller, the lower the value of its right of usufruct, but more high and the value of the bare property you wish to transfer, and therefore greater convenience for the seller.
The usufruct is governed by art. 978 et seq. of cod. Civ. It can be established by law or by the will of man can be acquired by contract or by adverse possession. The usufruct can be established term or lifetime, but can not exceed the life of the usufructuary, and therefore not to be inherited, if it is made in favor of a legal person, can not last more than three decades. May be assigned for a certain period or throughout its life, unless it is otherwise entitled incorporation.
The tenant has the right to enjoy the good and its fruit, but must respect the economic use of the asset, may lease the building to others, if not prohibited by the constitution under the law, and feel the license fee. In such a case would be appropriate to allow the bare owner, except by contractual agreement, to exercise pre-emption in case of lease.
E ‘practice to replace for that reason, the law under review with the dwelling, which, unlike the right of usufruct, only allows the beneficiary to the right of a home to live solely for their needs and their families (Art. 1022 Cod . Civ.). This right and as a preferred buyer, unlike the usufruct, the right to housing can not be disposed of or the property leased to third parties. The provisions on usufruct shall apply, mutatis mutandis, also to the right quarters.
The tenant must pay the costs and charges in general administration and maintenance and pay the taxes and charges levied on the property, even at the expense of repairs made necessary only if outstanding obligations from the non-routine maintenance ( art. 1004 cod. civ.), and in all other cases shall be borne by the bare owner (art. 1005 cod. civ.).
E ‘acceptable for most subjects, as long as owners of the same goods, particularly spouses, are, inter vivos, a joint tenancy with right of mutual growth for the longest: it keeps the same, in case of premature death one of the beneficiary, the share of beneficial interest that otherwise would be acquired by the bare owner at the expense of the usufructuary survivor.
At the death of the last usufructuary, the usufruct shall meet the bare property, it consolidated and then the ends of the bare owner that automatically acquires full ownership without having to pay any tax, but simply by perfecting the cadastre of that merger, under A death certificate. Indeed, the reform of registration, the consolidation of the usufruct (the meeting in a single subject of the usufruct and bare ownership, so-called “confusion”), which occurred from 1 January 1973, no longer constitutes the tax base for the application of the registration