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51-505: The name has its origin probably in the Czech word žíhání that once meant ' slash-and-burn '. The German name Ziegenhain was derived from the Czech name, meaning 'goat grove'. The name Cikháj was then created by transliterating the German name back into Czech. Cikháj is located about 9 kilometres (6 mi) north of Žďár nad Sázavou and 38 km (24 mi) northeast of Jihlava . It lies in

102-403: A landowner grants a lease for fewer than five years, the lease agreement is a usufruct, and the landowner retains the estate. Additionally, Georgia courts consider as a usufruct any relationship between a landowner and a lessee where the restrictions are "so pervasive as to be fundamentally inconsistent with the concept of an estate for years ", or the landowner retains "dominion and control" over

153-412: A manner similar to other real rights, by gift ("donation"), will ("testament"), or operation of law . Nevertheless, they are typically granted cestui que vie . Unless otherwise provided in a will, a person's share of community property accedes to descendants as bare title holders ("naked owners"); nevertheless, if that person has a living spouse, the latter will receive a usufruct in that portion of

204-469: A national nature reserve. The first written mention of Cikháj is from 1662. There are no railways or major roads passing through the municipality. There are no significant historical monuments in the municipality, but there are several small monuments: a stone folk belfry from the 19th century, a former water mill from 1848 without preserved equipment, a cast iron cross from 1885 and a calvary from 1713. Slash-and-burn Slash-and-burn agriculture

255-431: A piece of land to a usufructuary for agricultural use, the usufructuary may have the right to not only grow crops on the land but also make improvements that would help in farming, say by building a barn. However this can be disadvantageous to the usufructuary: if a usufructuary makes material improvements – such as a building, or fixtures attached to the building, or other fixed structures – to their usufruct, they do not own

306-681: A policy to end the method in the state. Some American civilizations, like the Maya, have used slash-and-burn cultivation since ancient times. American Indians in the United States also used fire in agriculture and hunting . In the Amazon, many peoples such as the Yanomami Indians also live off the slash and burn method due to the Amazon's poor soil quality . Slash-and-burn techniques were used in northeastern Sweden in agricultural systems. In Sweden,

357-483: A property burdened by a usufruct is called the fiar and right of ownership is known as the fee. Usufruct has been revived as part of the agricultural change associated with Cuba's Special Period . As a legacy of sanctions and a struggling economy, Cuba had accumulated many crumbling buildings that could not be repaired. These were torn down and the empty lots lay idle for years until the food shortages forced Cuban citizens to make use of every piece of land. Initially, this

408-414: A ring of bark completely around the trunk of coniferous trees like pine or spruce or felling them, allowing them to dry, setting fire to the dried forest and growing crops on the fertile ash-covered soil. The resulting ash was highly fertile, but only for a short period. The clearing was initially planted to rye as soon as the ash had fully settled and sufficiently cooled. When the rain came, it packed

459-414: A small business may become ill and grant the right of usufruct to an individual to run their business. The usufructuary thus has the right to operate the business and gain income from it, but does not have the right to, for example, tear down the business and replace it, or to sell it. The imperfect usufruct system gives the usufructuary some ability to modify the property. For example, if a land owner grants

510-423: A term shorter than the holder's lifetime. Usufruct comes from civil law , under which it is a subordinate real right ( ius in re aliena ) of limited duration, usually for a person's lifetime. The holder of a usufruct, known as a usufructuary, has the right to use ( usus ) the property and enjoy its fruits ( fructus ). In modern terms, fructus more or less corresponds to the profit one may make, as when selling

561-450: A usufruct is a system in which a person or group of persons uses the real property (often land) of another. The "usufructuary" does not own the property, but does have an interest in it, which is sanctioned or contractually allowed by the owner. Two different systems of usufruct exist: perfect and imperfect. In a perfect usufruct, the usufructuary is entitled to the use of the property but cannot substantially change it. For example, an owner of

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612-418: A usufructuary did not have possessory title, he could sue for relief in the form of a modified possessory interdict (prohibiting order). In some indigenous cultures , usufruct means the land is owned in common by the people, but families and individuals have the right to use certain plots of land. Land is considered village or communal land rather than owned by individual people. While people can take fruits of

663-403: Is a farming method that involves the cutting and burning of plants in a forest or woodland to create a field called a swidden . The method begins by cutting down the trees and woody plants in an area. The downed vegetation , or "slash", is then left to dry, usually right before the rainiest part of the year. Then, the biomass is burned, resulting in a nutrient-rich layer of ash which makes

714-446: Is most unsuitable for the production of cash crops . A huge amount of land, or a low density of people, is required for slash-and-burn. When slash-and-burn is practiced in the same area too often, because the human population density has increased to an unsustainable level, the forest will eventually be destroyed. Tribal groups in the northeastern Indian states of Tripura , Arunachal Pradesh , Meghalaya , Mizoram and Nagaland and

765-408: Is subtracted, and finally the remaining balance is divided among the children on the death of the surviving spouse. This simplifies handling household items since the surviving spouse is free to maintain, replace or dispose of them as he/she wishes during his/her lifetime, with the monetary value of the items going to the children. Title to assets does not pass, and the usufruct disappears on death or at

816-475: The Bangladeshi districts of Rangamati , Khagrachari , Bandarban and Sylhet refer to slash-and-burn agriculture as podu , jhum or jhoom cultivation. The system involves clearing land, by fire or clear-felling, for economically important crops such as upland rice , vegetables or fruits. After a few cycles, the land's fertility declines and a new area is chosen. Jhum cultivation is most often practiced on

867-685: The Old Norse word sviða , which means "to burn". This practice originated in Russia in the region of Novgorod and was widespread in Finland and Eastern Sweden during the Medieval period. It spread to western Sweden in the 16th century when Finnish settlers were encouraged to migrate there by King Gustav Vasa to help clear the dense forests. Later, when the Finns were persecuted by the local Swedes, svedjebruk farming

918-593: The Upper Svratka Highlands . The highest point is the hill Žákova hora at 810 m (2,660 ft) above sea level. Two important Czech rivers originate in the municipal territory: the Sázava originates in the woods in the northwest and the Svratka originates in the woods in the east. The municipality lies within the Žďárské vrchy Protected Landscape Area. The southern slopes of the Žákova hora hill are protected as

969-404: The forced estate passes to the deceased's surviving spouse and issue (with shares apportioned according to the number of children), with the rest of the estate – the free estate – free to dispose of by will . However, the surviving spouse may elect to distribute the forced estate as is, or convert it into a usufruct, or break up the estate into a distributable portion and a usufruct good for

1020-421: The soil fertile , as well as temporarily eliminating weed and pest species . After about three to five years, the plot's productivity decreases due to depletion of nutrients along with weed and pest invasion, causing the farmers to abandon the field and move to a new area. The time it takes for a swidden to recover depends on the location and can be as little as five years to more than twenty years, after which

1071-530: The "fruits" (in both literal and figurative senses) of the land or leasing a house. Fruits refers to any renewable commodity on the property, including (among others) actual fruits, livestock and even rental payments derived from the property. These may be divided into civil ( fructus civiles ), industrial ( fructus industriales ), and natural fruits ( fructus naturales ), the latter of which, in Roman law, included slaves and livestock . Under Roman law , usufruct

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1122-417: The Amazon, are nutritionally extremely poor, slash-and-burn is one of the only types of agriculture which can be practiced in these areas. Slash-and-burn farmers typically plant a variety of crops, instead of a monoculture, and contribute to a higher biodiversity due to creating mosaic habitats. The general ecosystem is not harmed in traditional slash-and-burn, aside from a small temporary patch. This technique

1173-422: The ash around the rye. The rye germinated and grew prolifically, with anywhere from 25 to 100 stalks (or straws), each with multiple grains. Only two tools were required, the axe and the sickle. The axe cut the trees to start the cycle. When the rye had ripened, it was harvested with a sickle , which could reach among the rocks and stumps where a scythe would have been ineffective. In the second and third year

1224-516: The border area, but did not do so because it was judged they were too poor to survive if evicted. This type of agriculture is discouraged by many developmental or environmentalist organisations, with the main alternatives being promoted are switching to more intensive , permanent farming methods, or promoting a shift from farming to working in different, higher-paying industries altogether. Other organisations promote helping farmers achieve higher productivity by introducing new techniques. Not allowing

1275-443: The burnt trees help farmers by providing nutrients for the soil. In low density of human population this approach is very sustainable but the technique is not scalable for large human populations. A similar term is assarting , which is the clearing of forests, usually (but not always) for the purpose of agriculture. Assarting does not include burning. Historically, slash-and-burn cultivation has been practiced throughout much of

1326-571: The business operating on the property. Philippine law relating to usufruct is set forth primarily in Title VI of the Philippine Civil Code. A liferent , by which a usufruct is known in Scots law , is the right to receive for life the benefits of a property or other asset, without the right to dispose of the property or asset. An individual who enjoys this right is called a liferenter. The owner of

1377-412: The children's lifetime. If a usufruct is chosen, a value is set for the usufruct interest for inheritance tax purposes and payable by the surviving spouse, on a sliding scale according to his/her age. The value of furniture and household items is calculated using a standard formula based on the appraised value of the estate's liquid and non-liquid assets, then the usufruct's value to the surviving spouse

1428-580: The end of a term of years. A usufruct is distinct from a trust or similar settlement. French law breaks with Roman law by construing a usufruct as not a servitude but rather a possessory interest. Although the United States is for the most part a common law jurisdiction recognizing life estate instead of usufruct, Louisiana is a civil-law jurisdiction, specifically following the French and Spanish models. In Louisiana, usufructs generally are created in

1479-509: The estate until death or remarriage (La. Civil Code art. 890). Under certain other conditions, a usufruct may arise giving rights to that person's parents. While Georgia does not share Louisiana's civil law history, Georgia General Assembly statutorily created usufructs. In Georgia, a usufruct is "rights or privileges usually arising out of landlord and tenant relationships, and with privileges granted to tenants holding less interest in real estate than estate for years". Under Georgia law, if

1530-420: The field would be sown with turnips or cabbages . It then might be grazed for several years before being allowed to return to woodland. Svedjebruk required felling new forest and burning a new area every year. It was necessary to allow the former fields to regrow with forest for 10–30 years before repeating the cycle. As a result, the dwellings were often many kilometers from the fields. Furthermore, since

1581-451: The former field. After a few decades, another family or clan may then use the land and claim usufructuary rights . In such a system there is typically no market in farmland, so land is not bought or sold on the open market and land rights are traditional. In slash-and-burn agriculture, forests are typically cut months before a dry season. The "slash" is permitted to dry and then burned in the following dry season. The resulting ash fertilizes

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1632-466: The improvements, and any money spent on those improvements would belong to the original owner at the end of the usufruct. In many usufructuary property systems, such as the traditional ejido system in Mexico , individuals or groups may only acquire the usufruct of the property, not legal ownership. A usufruct is directly equatable to a common-law life estate except that a usufruct can be granted for

1683-492: The land, they may not sell or abuse it in ways that stop future use of the land by the community. Ancient examples of usufruct are found in the Code of Hammurabi and the Law of Moses . The Law of Moses directed property owners not to harvest the edges of their fields, and reserved the gleanings for the poor. Thomas Jefferson famously wrote in 1789 that "Earth belongs – in usufruct – to

1734-410: The living." Jefferson's metaphor means that, like a usufructuary, human beings have the right to use the earth for their own benefit and derive profit from it, but only to the extent that their actions do not impoverish the earth's bounty for future generations. It was, in other words, an expression both of rights (of the living) and obligations (of the living to those yet to be born). Jefferson's use of

1785-590: The mortgagor surrenders possession to the mortgagee, explicitly or implicitly. This distinctive mortgage type intertwines property ownership & loan repayment, granting the mortgagee the right to utilize and derive income from the property. Commonly employed in agricultural sectors, this arrangement aids farmers who may lack liquidity but possess valuable land assets. Usufructuary mortgages align with India's diverse economic landscape, facilitating financial access for those with immovable assets. The Indian legal system recognizes and regulates these transactions, emphasizing

1836-450: The nuanced role this mortgage type plays in fostering economic activities, especially in rural settings. Usufruct is a central concept in social ecology . Murray Bookchin defines usufruct informally as The freedom of individuals in a community to appropriate resources merely by virtue of the fact that they are using them Bookchin contrasts Usufruct with other property relations, saying: Usufruct, in short, differs qualitatively from

1887-426: The plot can be slashed and burned again, repeating the cycle. In Bangladesh and India , the practice is known as jhum or jhoom . Slash-and-burn is a type of shifting cultivation , an agricultural system in which farmers routinely move from one cultivable area to another. A rough estimate is that 250 million people worldwide use slash-and-burn. Slash-and-burn causes temporary deforestation . Ashes from

1938-573: The practice is known as svedjebruk . Telkkämäki Nature Reserve in Kaavi , Finland, is an open-air museum where slash-and-burn agriculture is demonstrated. Farm visitors can see how people farmed when slash-and-burn was the norm in the Northern Savonian region of eastern Finland beginning in the 15th century. Areas of the reserve are burnt each year. Svedjebruk is a Swedish and Norwegian term for slash-and-burn agriculture derived from

1989-481: The process was man-power intensive, extended families tended to work together and live in compact communities. The svedjebruk farming approach required a large area. When forest was plentiful, the Finns were very prosperous. As population grew and restrictions were placed on the forest which could be burned, it became increasingly difficult. By 1710, during the conflict with Sweden, because of their suspect loyalties Norwegian authorities considered expelling them from

2040-439: The quid pro quo of reciprocity, exchange, and mutual aid — all of which are trapped within history's demeaning account books with their "just" ratios and their "honest" balance sheets. He pairs the concept of usufruct with complementarity and the irreducible minimum as core to his ethical world view. What "civilization" has given us, in spite of itself, is the recognition that the ancient values of usufruct, complementarity, and

2091-436: The slashed vegetation to burn completely and ploughing the resultant charcoal into the soil ( slash-and-char ) has been proposed as way to boost yields. Promoters of a project from the early 2000s claimed that slash-and-burn cultivation could be reduced if farmers grew black pepper crops, turmeric, beans, corn, cacao, rambutan and citrus between Inga trees, which they termed ' Inga alley cropping '. A method of improving

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2142-427: The slopes of thickly-forested hills. Cultivators cut the treetops to allow sunlight to reach the land, burning the trees and grasses for fresh soil. Although it is believed that this helps fertilize the land, it can leave it vulnerable to erosion . Holes are made for the seeds of crops such as sticky rice , maize, eggplant and cucumber. After considering jhum ' s effects, the government of Mizoram has introduced

2193-440: The soil and the burned field is then planted at the beginning of the next rainy season with crops such as rice, maize, cassava, or other staples. This work was once done using simple tools such as machetes , axes , hoes and shovels . This system of agriculture provides millions of people with food and income. It has been ecologically sustainable for thousands of years. Because the leached soil in many tropical regions, such as

2244-492: The two property interests of usus and fructus : A usufruct is either granted in severalty or held in common ownership , as long as the property is not damaged or destroyed. The third civilian property interest is abusus (literally abuse ), the right to alienate the thing possessed, either by consuming or destroying it (e.g., for profit), or by transferring it to someone else (e.g., sale , exchange , gift ). Someone enjoying all three rights has full ownership . Generally,

2295-474: The woodlands was once a common form of society in European prehistory . The extended family burned and cultivated their swidden plots, sowed one or more crops, and then proceeded on to the next plot. Slash-and-burn fields are typically used and owned by a family until the soil is exhausted. At this point the ownership rights are abandoned, the family clears a new field, and trees and shrubs are permitted to grow on

2346-583: The word "living" is critical here: he meant that the usufructuaries of the world are those who are alive, not deceased past generations. This idea would profoundly influence Jefferson over the course of his life, and would lead to his acknowledgement that the Constitution of the United States would be revised by future generations, and was part of the reason that the Constitution includes a provision for its own amendment. In France usufruct applies in inheritances. Under French law an indefeasible portion known as

2397-856: The world. Fire was already used by hunter-gatherers before the invention of agriculture, and still is in present times. Clearings created by the fire were made for many reasons, such as to provide new growth for game animals and to promote certain kinds of edible plants. During the Neolithic Revolution , groups of hunter-gatherers domesticated various plants and animals, permitting them to settle down and practice agriculture, which provided more nutrition per hectare than hunting and gathering. Some groups could easily plant their crops in open fields along river valleys, but others had forests covering their land. Thus, since Neolithic times, slash-and-burn agriculture has been widely used to clear land to make it suitable for crops and livestock. Large groups wandering in

2448-535: The yields in a type of traditional assarting cultivation used to grow common beans in Central American called 'slash-and-cover', has been proposed, by additionally planting leguminous shrubs to act as a fallow crop after the soil is exhausted and one is ready to clear a new patch of forest. Usufruct Usufruct ( / ˈ j uː z j uː f r ʌ k t / ) is a limited real right (or in rem right) found in civil law and mixed jurisdictions that unites

2499-489: Was a type of personal servitude ( servitutes personarum ), a beneficial right in another's property. The usufructuary never had possession of this property (on the basis that if he possessed at all, he did so through the owner), but he did have an interest in the property itself for a period, either a term of years , or a lifetime. Unlike the owner, the usufructuary did not have a right of alienation ( abusus ), but he could sell or lease his usufructuary interest. Even though

2550-491: Was an ad-hoc process where ordinary Cubans took the initiative to grow their own food in whatever piece of land was available. Tenure but not ownership was formalised with a legal framework using usufruct to give farmers rights on a profit-sharing basis to the products produced from the land, but not ownership rights to the land itself. Usufructuary mortgage in the Indian market denotes a unique property financing arrangement where

2601-556: Was spread by refugees to eastern Norway , more specifically in the eastern part of Solør , in the area bordering Sweden known as Finnskogen ("the Finnish woods"). The practice also spread to New Sweden in North America. Reinforced by the use of fire in agriculture and hunting by American Indians , it became an important part of pioneering in America. Svedjebruk involved stripping

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