Customary usufruct of the property "a comparative study"

Abstract

Individuals, in their dealings, became acquainted with systems and methods derived from custom, and with the expansion of the area of dealing with customary rights among the community, in a noticeable and remarkable manner, after it was confined since its inception to the endowment property, and consequently,  the beneficiary acquiring customary rights represented by the right of priority in renting and the right of Permanent remaining  in the property and the right to create a building or planting on the land of others, owning it and using it, and what was distinguished by customary rights in terms of their ability to inherit and dispose of until they reached to  their ability to bequeathed to others.As a result, customary rights gained approval and acceptance and were subject to acceptance between individuals in their private dealings that are governed by civil law. Rights emerged in the national arena, whose source is the common will of individuals, such as the right to decoration, key money…etc. Accordingly, the positions of the comparative laws varied according to the legal nature of the customary rights between the personal right and the real right, despite the importance it enjoys and its influential and clear role on the authorities of the owner of the property right, especially in Yemeni law.