Analyzing the Implementation of Usufruct Rights and Obligations in the UAE Civil Transactions Law

Abstract

Usufruct Right is considered to be an in-kind of the original rights that derives from the right of ownership. It is a right in kind for the usufructuary to use as an asset that belongs to others and to exploit it as long as it exists. The main purpose of this study was to first define the Usufruct Right and distinguish it from the other rights like the lease rights. This study adopted a descriptive analytical research approach and based all its arguments and conclusion after reviewing all legal texts related to the Usufruct Right, the UAE legislation, as well as other related relevant jurisprudential opinions. However, the focus of the study was the Usufruct Right as stated in the Federal Civil Transactions Law. Owing to the dearth of studies in this domain, a need was felt to examine the Federal Civil Transactions Law in terms of rights and obligations for the beneficiary of the Usufruct right. The study found that the UAE Law was not sufficient to determine the intrinsic characteristics of the Usufruct Right. Nor it recognized the temporary character of the Usufruct Right. The study also revealed that the Law was also not sure about features like bare ownership's rights and obligations, expiration of Usufruct rights. The study recommends that the UAE Law should reformulate the text of various articles of the Federal Civil Transactions Law.

Keywords: In-Kind Right, Rent, Usufruct Right, User Obligations.