Naked Usufructs

July 8, 2021

Goodrich v. United States certified a complex issue of Louisiana law to that state’s supreme court; confirming the wisdom of that decision, it summarized a relevant principle as stating: “If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct he is bound to pay to the naked owner either the value that the things had at the commencement of the usufruct or
deliver to him things of the same quantity and quality.” No. 20-30422 (July 6, 2021) (emphasis added). Hopefully the resulting opinion will clothe the case with quality legal reasoning.

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