502

a p p e n d i x

Time-limited

interest

Context

Importance

Comments

Precarium

Various

5

Usufruct

Family,

3

In 2008, 12.6 per cent of Italian

inheritance

families lived in a home in

usufruct or gratuitous loan.

Use and

Family,

6

The surviving spouse is granted

habitation

inheritance

the right of habitation over the

house used as a family home

and the right of use on the

furniture in the house (Civil

Code, art. 540).

Hereditary

Agricultural

1

The Italian legislation is very

land

hostile to the owner (Law 607 of

lease

22 July 1966, Law 118 of 18

(emphyteusis)

December 1970 and Law 270 of

14 June 1974). It limits the rent

that can be imposed and allows

the landowner (enÞteuta) to

redeem the land by paying a

modest sum.

Hereditary

Various

5

building

lease

(superÞcies)

Time-limited

interest

Context

Importance

Comments

Residential

Family/

7

Particularly with regard to urban

lease

inheritance

apartments leased from local

authorities.

Agricultural

Family/

6

Mostly public sector.

lease

business

Loan for use

Family/ non-

5

The public sector uses loans for

profit

use to make their land

organisation

available to non-profit

organisations. This practice,

though problematic, does

exist.

a p p e n d i x

503

Time-limited

interest

Context

Importance

Comments

Precarium

Usufruct

Family/

5

Persons who are self-employed

business

entrepreneurs prefer usufruct

to being land owners, since

usufruct cannot be seized or

sold.

Use and

Family

5

habitation

Hereditary

Real estate,

10

Popular investment by private

land lease

corporate,

individuals in public land.

(emphyteusis)

commercial

Hereditary

building

Time-limited

interest

Context

Importance

Comments

Residential

Real estate

10

There are no official statistics on

lease

any of the categories. Rate of

importance based on personal

estimate.

Agricultural

Commercial

6

lease

business

Loan for use

Family

2

Precarium

Family

1

Usufruct

Family,

6

commercial

business

Use and

Family

4

habitation

Hereditary

0

land lease

(emphyteusis)

Hereditary

Family,

6

building

corporate,

lease

commercial

(superÞcies)

business

Time-limited

interest

Context Importance

Comments

Residential lease

10

Agricultural

10

lease

Loan for use

0

Although Scots law recognises the

nominate contract of loan, a

gratuitous right to use land would

probably be analysed as a ‘licence’ –

an innominate contract granting a

right to use land which did not

amount to a lease.

Precarium

0

The right to use land until the owner

requested its return would also

probably be analysed as a ‘licence’.

Usufruct

3

The real right of usufruct is now

relatively rarely used to create a life

interest. This is more commonly

done by means of a trust.

Use and

0

These two personal servitudes were

habitation

not received by Scots law.

Hereditary land

0

Although parties can conclude a long

lease

lease with the characteristics of an

(emphyteusis)

emphyteutic lease (subject to the

statutory maximum duration of 175

years), this is not a recognised

nominate contract. Until the

abolition of the feudal system, a

close analogy to emphyteusis would

have been the grant of a feu, but the

feudal system, and with it the

possibility of granting such a right,

was abolished in 2004.

Hereditary

0

Although parties can conclude a

building lease

‘building lease’, this is not

(superÞcies)

recognised as a distinct nominate

contract.

Time-limited

interest

Context

Importance

Comments

Residential lease

Urban houses

10

and

apartments

Agricultural lease

Private

6

Prevalent leasing of portions of

persons and

farms – for example, for

local

grazing.

authorities

Loan for use

Family

1

Precarium

Family

4

Unsophisticated use in parts of

country instead of more

sophisticated use of

usufruct.

Usufruct

Family and

6

estate tax

purposes

Use and

Family and

6

habitation

estate tax

purposes

Hereditary land

0

lease

(emphyteusis)

Hereditary

4

In the form of ninety-nine

building lease

years’ leasehold in certain

(superÞcies)

urban areas.

Time-limited

interest

Context

Importance

Comments

Residential

Residential use

7

Spaniards prefer to own rather

lease

by families

than to lease premises, and

only lease premises if they

cannot afford to buy.

Agricultural

Families and

4

lease

corporations

506

a p p e n d i x

Time-limited

interest

Context

Importance

Comments

Loan for use

Families,

3

corporations

Precarium

Family

6

Usufruct

Family

9

In Spain, widows or widowers

inheritance

have a legal right to usufruct.

This explains its importance.

Use and

Family

7

In Spain, the father or mother

habitation

who remains with the children

after a divorce is granted a

right of use and habitation on

the family house even if it is

not his or hers.

Hereditary

0

land lease

(emphyteusis)

Hereditary

Real estate

5

building

lease

(superÞcies)