The usufruct of money as usufruct of consumable goods. On the universal surviving spouse usufruct and its eventual unwanted effects

Right of succession

Abstract

The present study deals with the analysis of the usufruct that falls on money, considered by most of the doctrine and minor jurisprudence as a modality of usufruct of consumable goods, which implies that the usufructuary can freely dispose of it. This legal configuration offers some problems, particularly when it comes to a universal usufruct, by granting the widower the power to freely dispose of all the money, with release of guarantee, producing the paradox that the legitimate heirs of the first deceased, holders of the credit to the restitution, they are, at the death of the second deceased, the ones obliged to pay, extinguishing the debt due to confusion and, consequently, being deprived of their legitime. The essay offers various de lege data solutions, being, the most reasonable, perhaps, its configuration as an ordinary usufruct.