Incisive Legal Insights

Incisive Legal Insights

Benaters Benaters

Distinction Between Usufruct and Fideicommissum

When a testator gives a beneficial interest in property to successive persons, it is a question of construction whether he or she intends to make the first taker owner subject to a fideicommissum in favour of the second or the second taker owner subject to a usufruct in favour of the first.

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