For instance, the owner of a pub transfers ownership of the pub’s inventory to the brewer
from which she draws her beer. The beer is sold to her on credit, and the ownership of the
inventory functions as a security for the debt of the pub holder. If she does not pay, the
brewery can sell the inventory of the pub. If the relation between the pub holder and the
brewery ends, and all the bills of the brewer have been paid, the inventory becomes the
property of the pub holder again.5.5 Secondary Property Rights
All property rights that are not primary rights are secondary (or lesser) rights. They
comprise permissions and/or competences (powers) that would normally belong to
the holder of the primary right but that can be exercised by the holder of the
secondary right instead of, or next to, the holder of the primary right.
UsufructThe best example is the right ofusufruct. A right of usufruct is the right
to use and enjoy an object that is owned by someone else. The secondary right of
usufruct therefore comprises the permission to use and enjoy the object of the
owner, who no longer holds this permission himself. The owner now holds “bare
ownership,” signaling that he has given away his permission to use and enjoy the
object.
Secondary property rights are traditionally divided into secondary rights to
use and secondary security rights. These two categories of rights stem from Roman
law. More recently, they have been complemented by a third category of secondary
rights, which are known as “secondary rights to acquire another legal position.”
These last-mentioned rights are very technical and will therefore not be discussed here.5.5.1 Secondary Rights to Use
Secondary rights to use are property rights that entitle the holder to use the object
for a limited duration of time. Generally, there are two categories. Secondary rights
to use for a shorter period tend to be more extensive in content.
An example is the already mentioned civil law right of usufruct. This secondary right
entitles a person to use an object as if he were the owner, usually for the duration of his life.
For example, it can be the right to have a painting, owned by someone else, in your house
for the remainder of your life. This situation is usually created upon death of one spouse in a
family to allow the longest living spouse to enjoy the painting without any heir, children or
stepchildren interfering. The holder of a right of usufruct can continue to use the object of
his right even if the owner of the good sells it. Because the usufruct rests on the object and is
not a personal right against the person who granted it, the right “follows” the object (droit
de suite).84 B. Akkermans