Abstract EN:

Given the importance which the division of property has taken on in our law, essentially due to the development of the usufruct provisions of last wills and testaments in favour of the surviving spouse and parliament's desire to particularly reinforce the latter's usuffruct rights, it appears worthwhile to examine the legal relations between the bare owner and the usufructuary. As the management of assets subject to usufruct entals the drafting of numerous documents, both toutine and exceptional, these relations are examined from this angle. First, the rules for the management of these assets are examined, for immovables and movables in general and for banking assets in particular without neglecting the aspects of this management : aggressive management, maintenance, defensive management and preservation. The specific rules for leasing and selling such assets are then considered. Despite the principle of independence of the rights of the bare owner and the usufructuary, it has to be recognised that there is a community of interests. This may be why these relations, while complex and although they may involve numerous parties, have largely escaped being the subject of disputes. Another reason for this is perhaps that this division of property both protects the surviving spouse without harming the interests of the children and responds to a fundamental concern : the protection of the family. However, what happens when this family experiences major changes ?