Explanation of Article 680
The article clarified that there are three reasons for acquiring the right of usufruct:
The first reason: legal disposition. Legal disposition is considered one of the reasons for acquiring the right of usufruct, whether the legal disposition is bilateral, such as a contract, or unilateral, such as a will. The rules of that disposition apply to the legal disposition that grants the right of usufruct. If the right of usufruct is acquired through sale, the rules of sale previously stated in the second section (named contracts, taking into account the general rules of contracts provided by the system in the first section in accordance with the nature of the right of usufruct) apply. The same applies if the right of usufruct is acquired through a gift contract, barter, or other contracts. The right of usufruct may also be acquired through a will, in which case the rules of wills in the Personal Status Law apply.
The second reason: inheritance. Inheritance is considered a legal event that occurs and becomes a reason for acquiring the right of usufruct, provided that the right of usufruct is for a specified period. If the usufructuary acquires the right to usufruct for thirty years, for example, and then dies after ten years, the right of usufruct transfers to his heirs for the remaining period. However, if the right of usufruct is not for a specified period, it ends with the death of the usufructuary, as it is assumed that the agreed period of usufruct is the death of the usufructuary. This will be explained in detail when explaining Article (690), and the rules in the Personal Status Law apply to the right of usufruct due to inheritance.
The third reason: pre-emption. Pre-emption is considered a reason for acquiring the right of usufruct among partners in common ownership of the right of usufruct on real estate. The condition for pre-emption is that the pre-emptor is a partner in common ownership; there is no pre-emption for the owner of the land if the usufructuary sells the right of usufruct associated with it, nor for the usufructuary if the land associated with his right of usufruct is sold, due to the absence of partnership between them. Pre-emption is only among co-usufructuaries in the right of usufruct on real estate if one of the partners sells his share of the right of usufruct; the other partners have the right to acquire his sold share by pre-emption under its conditions and rules specified in the reasons for acquiring ownership.
Related To
Article 680
A usufruct right is acquired by a legal disposition, by inheritance if the term of the usufruct is specified, or by the right of first refusal of an owner in common over a right of usufruct in a real property.