Théodore was granted a usufruct over a lakefront cabin for the duration of his lifetime. He has maintained and improved the cabin for 15 years. Théodore passes away, and his estate claims the cabin should be included in his assets. Which of the following correctly describes what happens to the usufruct upon Théodore's death?
Correct Answer
B) The usufruct terminates, and full ownership consolidates in the naked owner by operation of law
Under Louisiana Civil Code Article 607, a usufruct granted for the lifetime of the usufructuary terminates upon the usufructuary's death. It is a personal right that cannot be inherited. Upon Théodore's death, the usufruct extinguishes by operation of law, and full ownership — including the rights of use and enjoyment — consolidates automatically in the naked owner. The cabin cannot be included in Théodore's estate.
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