However, the donation of usufruct remains by nature temporary, replies the Court of Cassation, whether it is made until a specific date or not. “If it is made definitively, it is lifelong and it is extinguished whatever happens on the death of the donor. The usufruct is extinguished on the death of the one who gave it and not of the one who received it”, commented the judges. This son cannot therefore keep for himself alone, after the death of his mother, the benefit of the usufruct that he had before this death.
The other children claim from their brother the payment of an indemnity since he alone benefits from the house of which he had received the usufruct. “They rightly claim since the death of their mother since, while waiting for a division, all were equal usufructuaries on this property”concludes the Court.