- Chamber
- 14. Hukuk Dairesi
- Docket No.
- 2020/1120
- Decision No.
- 2020/4560
- Date of decision
- 8 October 2020
Summary
Usufruct as a rule ends with the death of the right-holder; documentation of death and the absence of statutory exceptions suffice for cancellation.
Full note
The Chamber held that, upon the death of the usufructuary, the owner’s request for cancellation should be granted unless a contrary term or a note of continuance in favour of another appears. The rule that usufruct is inalienable and does not pass to heirs is to be read together with the right of habitation. Additional obligations stipulated for a beneficiary do not of themselves enlarge the real right.