QUASI-USUFRUCT IN ROMAN AND MODERN EUROPEAN LAW: THE PROBLEMS OF RECEPTION AND INTERPRETATION

According to the ancient Roman views, the object of a proper usufruct included only non-consumable, individually-defined, corporeal things. Practical need gave rise to the necessity to regulate relations concerning the usufruct of consumable and incorporeal things. This idea was realized through the establishment of construction of quasi-usufruct (quasi ususfructus). The article examines backgrounds of the origins of quasi-usufruct in the Roman law, its concept, legal nature, specific features, types, problems of reception of this construction by the modern European law. On the basis of comparative analysis of structures of quasi-usufruct and usufruct the author concludes that the quasi-usufruct is nothing more than a legal fiction.

real rights, ownership, limited real rights, personal servitude, usufruct, real estate, quasi-usufruct, consumable things, right of a claim, alternative obligation, permanent alimony, legal fiction.

Matsakyan G. S. Quasi-usufruct in roman and modern european law: the problems of reception and interpretation // Business. Education. Law. Bulletin of Volgograd Business Institute. 2017. No. 1 (38). P. 240–243.