A gift contract with the right of usufruct is a contract by which the donor reserves for himself the right to use the immovable property that is the subject of the gift contract. The contract may also stipulate the usufructuary’s right to harvest the fruits of the thing (rent) for the duration of his right. Usufruct is a personal servitude of the donor that represents a burden on real estate. This service is entered in the public books.
As a rule, usufructuary tenure is established for life and ends with the usufructuary’s death. Personal services cannot be transferred to third parties.
In practice, it often happens that parents want to gift real estate to their children, but on the other hand, to provide for themselves and retain the right to live in the real estate that is the object of the gift, so that one day they would not find themselves in an unenviable situation if the relations between them and their children become complicated. Precisely for this reason, this form of gift contract is most often concluded between parents and children
