Nemanja Kovacevic

THE CONTENTS OF THE USUFRUCT

This concept describes limited enjoymentor use of another individual's property and its crops without violating the substance of that property  and its purpose. As a real property  right of a very wide scope of use, it represents the most important personal servitude.  In this work, the author discusses the contents of enjoymentor use of another individual's property  and its crops, that is the principal rights and obligations of the person who enjoys and uses another individual's property  and its cropsand the owner of this property. The focus is on the analysis of the  legal positions  of these subjects in relation to each other and  in relation to the third person, as well as on the limits of the factual behavior in relation to the enjoyed property. This institute  in the Republic of Serbia positive law has not been comprehensively regulated yet, so in most cases we still apply the regulations which were adopted  before  the WWII (April 6, 1941) and during the German occupation. Rights and obligations of the person who enjoys and uses another individual's property  and its crops and the owner of this property are described according to the time frame of their appearance, that is, before all, according to the pre-war legal provisions (mostly from Serbian Civil Code). In addition, the author’s focus is on the regulations given in  the proposed draft of the Republic of Serbia Law on real property  and other related  laws  which regulates in detail the matter of enjoymentor use of another individual's property  and its crops and foresees a number of new legal solutions.

Key words: enjoyment, the person who enjoys and uses another individual's property and its crops, the owner of this property, rights  and obligations.