à concurrence de la totalité en usufruit

17:18 May 6, 2020 

@Daryo - No doubt you can find many examples of cases where "à concurrence de la totalité en usufruit" refers to the whole ownership of a property, but that doesn't mean it excludes other possibilities of partial right to a property. All it means is "the total of that which is in usufruct," which does not equal "the entirety of the object is in usufruct." Most likely, this phrase is used by default in contracts so as to include various scenarios (full ownership, partial ownership, etc.) By the way, what would your suggestion to the asker be?

@Adrian - Thanks for the great information and the suggestion. It's a pleasure to read your explanations.

12:45 May 6, 2020 

.... and not samples, Daryo.

In most civilised countries and island states, the widow takes a life interest, (Scots law) liferent or 'usufruct' in the estate / succession of the deceased- at the end of which term the whole estate absolutely = in full property or fee simple passes to the 'remaindermen / women' (usually next-of-kin/ parents comme ayants droit) en nue-propriété, rather than premises reverting at the end of a lease to the 'reversioner'. So the widow's life tenancy is the extent of what is comprised in the transaction.

In this case, we need to cogitate out-of-context over the term of 'retrait' whether the widow's remaindermen (coindivisaires; coparceners) are - by a 1. surrender or 2. disclaimer - allowing their contingent entitlements to be bought out (3. 'redeemed': Harrap's) by a purchaser of the lots or whether we are in a 'liquidation of co-property' scenario, namely there is 4. a *severance* of the 'joint tenancy' with the *coindivisaires* with the upshot of splitting joint title into separate ownership (tenancy-in-common) pre-vesting assent (cf. the ref. to a retrait d'indivision > lexiques de termes juridiques, Dalloz, on the other question).

11:01 May 6, 2020 

"à concurrence de la totalité en usufruit"

you find that it's used to define someone's right on a property as opposed to:

à concurrence de la totalité en nue-propriété

or as opposed to

à concurrence de la moitié (du quart etc ) pour chacun en usufruit

so it would literaly mean "wholly owned" plain and simple - wich would make the literal translation "to the extent of" possibly misleading as usually "to the extent of" could imply several possibilities "up to some level" - what is being sold is the whole of this usufruit, not some variable part up to the whole.

https://www.google.com/search?q="à concurrence de la totalit...

https://www.google.com/search?q="à concurrence" "en usufruit...