Ususfructus

The formulation "Usus fructus est ius alienis rebus utendi fruendi salva rerum substantia", which defines the Roman usufruct, appears clear and concise at first glance. However, the sources reveal an ambiguous picture, as numerous views can be found that do not align with this definition. The author, therefore, attempts—starting from a conceptual-historical perspective—to analyze the different conceptions of ususfructus in pre-classical and classical jurisprudence, as well as to examine the legal-dogmatic issues affected by them. Taking into account possible influences from Hellenistic philosophy, the aim is to provide a coherent and plausible explanation.