rights of occupation

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Article 40 - The right of exploitation comprises the right by which a person may deriveprofit from property which either belongs in proprietary right to someone else or has nospecial owner.Article 41- A Life - Right is a right of exploitation which has been established by meansof a contract entered into by the owner in favour of someone, either for his own lifetimeor for the lifetime of the user or for that of a third party.Article 42- Aright for a prescribed period is a right of exploitation which the ownergrants for a limited time.Article 43 - If the right of exploitation includes the right of occupying a habitation, it istermed residential or the right of habitation and it is permissible for this right to beassigned as life - right or as a right for a limited periodArticle 44 - In cases where the owner has not prescribed a time - limit for the right ofexploitation, the surrender is absolute, and the said right shall run until the death of theowner unless he revokes the surrender before his death.Article 45 - in the above mentioned cases it is only permissible for the right ofexploitation to be granted to a person or persons who were alive at the time of creation ofthe said right , but it is also possible for the right of exploitation to follow on insuccession for persons who were not alive at the time of the conclusion of the contract,and as long as the owners of the right of exploitation are alive it shall be valid; and aftertheir decease it shall lapse.Article 46 - It is only possible for a right of exploitation to be granted in respect ofproperty which is such that it can be used without affecting its own existence, whether thesaid property is movable, immovable held in undivided shares or divided up.Article 47 - In the case of surrendered property, whether held as a life - right or not,taking delivery is the legal requirement for ma king the transaction valid.Article 48 - The user must not misuse the property to which the right of exploitationapplies and, being in custody of it, must not allow excessive use or negligenceArticle 49- The expenses necessary for the upkeep of the property which is subject to theright of exploitation is not an obligation on the user, unless a provision to the contrary hasbeen agreed upon.Article 50 - If the property which is subject to the right of exploitation becomesdissipated for any reason other than excessive use or negligence on part of the user , thelatter shall not be held responsibleArticle 51 - In the following cases the right of exploitation lapses:1 - In the event of the time - limit expiring.2 - In the event of the property which is the object of the right of ex being destroyed.Article 52 - In the following cases the user is a guarantor for the losses of the owner1 - In the event of the owner misusing the property which is the object of the right ofexploitation.2 - In the event of his not observing the conditions laid down by the owner and of suchnon - observance being the cause of damage to the object of the right.Article 53 - The transfer of the substance of the property by the owner to another partyshall not nullify the right of exploitation, but if the person to whom the property istransferred does not know that the right of exploitation has been granted to another partyhe shall have the option of dissolving the contract.Article 54 - The rest of the circumstances concerning the exploitation of the property ofanother shall be as laid down by the owner or demanded by custom and usage.