Title VI - Usufruct

Question 1

What is a usufruct?

Answer 1

Art. 562. Usufruct gives a right to enjoy the property of another, with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides.

Question 2

What are the characteristics of a usufruct?

Answer 2

The characteristics of usufruct are as follows:

1. It is a real right (whether registered or not in the Registry of Property) of use and enjoyment;
2. It is of temporary duration;
3. It is transmissible; and
4. It may be constituted on real or personal property, consumable or non-consumable, tnagible or intangible, the ownership of which is vested in another.

Question 3

What are the classification of usufruct?

Answer 3

The classification of usufruct are as follows:

1. W/n impairment of objects is allowed - (a) normal; (b) abnormal;
2. Origin - (a) legal; (b) voluntary; and (c) mixed;
3. Number of usufructuaries - (a) simple; and (b) multiple– simultaneous or successive;
4. Terms and conditions - (a) pure; (b) with a term or period; and (c) conditional;
5. Quality or kind of object - (a) things; and (b) rights;
6. Quantity or extent of object - (a) total; and (b) partial;
7. Extent of owner’s patrimony - (a) universal; and (b) particular.

Question 4

Distinguish usufruct from lease.

Answer 4

1. Usufruct is always a real right while lease is generally a personal right;
2. Person creating a usufruct must be the owner while in lease, the lessor may not be the owner such as in cases of sub-lease;
3. Usufruct may be created by law, by contract, by will of the testator, or by prescription while lease is generally created by contract;
4. Usufrcut covers, as a rule, all the fruits and all the uses and benefits of the entire property while lease generally refers to certain uses only (ie. those stipulated);
5. Usufrcut involves more or less passive owner while lease involves a more active owner;
6. Usufructuary pays for ordinary repairs and taxes on the fruits while lessee is not generally under obligation to undertake repairs or taxes;

Question 5

How is usufruct constituted?

Answer 5

Art. 564. Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription.

Question 6

What is a mixed usufrcut?

Answer 6

A usufruct is mixed when it is acquired by prescription, such as where on believing himself the owner of the property of an absentee, gave in his will the usufrcut of the property to his wife and the naked ownership to his brother, and the wife possessed in good faith the property as usufructuary for the requisite prescriptive period.

Question 7

Must a usufruct be constituted on the whole of a thing?

Answer 7

No. Art. 564 provides, “Usufruct may be constitued on the whole or a part of the fruits of the thing, in favor of one or more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. It may also be constituted on a right, provided it is not strictly personal or intransmissible.”

Question 8

What governs usufruct?

Answer 8

Art. 565. The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed.

Question 9

In general, what are the rights of the usufructuary?

Answer 9

Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in usufruct. With respect to hidden treasure which may be found on the land or tenement, he shall be considered a stranger.

Question 10

What are the rights of the usufructuary as to the thing and its fruits?

Answer 10

The following are the rights of the usufructuary as to the thing and its fruits:

• To receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds on the property;
• To enjoy any increase which the thing in usufruct may acquire through accession;
• To personally enjoy the thing in usufruct or lease it to another;
• To make on the property in usufruct such improvements or expenses he may deem proper and to remove the improvements provided no damage is caused to the property;
• To set-off the improvements he may have made on the property against any damage to the same; and
• To retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital.

Question 11

What are the rights of the usufructuary as to the usufruct itself?

Answer 11

The rights of the usufructuary as to the usufruct itself are:

• To alienate (or mortgage) the right of usufruct except parental usufruct; and
• In a usufruct to recover property or a real right, to bring the action and to oblige the owner thereof to give him proper authority and necessary proof; and
• In a usufruct of part of a common property, to exercise all the rights pertaining to the co-owner with respect to the administration and collection of fruits or interests from the property.

Question 12

What are the rights of the usufruct as to advances and damages?

Answer 12

The rights of the usufruct as to advances and damages are:

• To be reimbursed for indispensable extraordinary repairs made by him in an amouont equal to the increase in value which the property may have acquired by reason of such repairs;
• To be reimbursed for taxes on the capital advanced by him; and
• To be indemnified fro damages caused to him by the naked owner.

Question 13

To whom shall the natural or industrial fruits belong at the time the usufruct beings, and at the time the usufruct terminates?

Answer 13

Art. 567 par. 1&2. Natural or industrial fruits growing at the time the usufruct beings, belong to the usufructuary.

Those growing at the time the usufruct terminates belong to the owner.

Question 14

Does the usufruct have an obligation to reimburse the owner for the expenses of cultivation of the growing fruits at the start of the usufruct?

Answer 14

No. Par. 2 of Art. 567 states “The usufructuary, at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred.”

The usufructuary, however, may have the obligation to pay third persons. Par. of Art. 567 states, “The provisions of this article shall not prejudice the rights of third persons, acquired either at the beginning or at the termination of the usufruct.”

Question 15

Does the usufructuary have the obligation to reimburse the owner at the termination of the usufruct.

Answer 15

No. It is the naked owner that has the obligation to reimburse the usufructuary. Art. 567 par. 3 states, “[B]ut the owner shall be obliged to reimburse at t he termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary.”

The usufructuary may have obligation to pay third persons as provided by par. 4 of Art. 567.

Question 16

What is the effect when the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should expire before the termination of the lease?

Answer 16

The usufructuary or his heirs and successors shall receive only the proportionate share of hte rent that must be paid by the lessee.

***

Art. 568.If the usufructuary has leased the lands or tenements given in usufruct, nad the usufruct should exprie before the termination of the lease, he or his heirs and successors shall receive only the proportionate share of the rent that must be paid by the lessee.

Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the usufruct may last.

Question 17

What happens whenever a usufruct constituted on the right to receive a rent or periodical pension has payment due?

Answer 17

Art. 570. Whenever a usufruct constituted on the right to receive a rent or periodical pension, whether in money or in fruits, or in the interest on bonds or securities payable to bearer, each payment due shall be considered as the proceeds or fruits of such right.

Whenever it consists in the enjoyment of benefits accruing from a participation in any industrial or commercial enterprise, the date of the distribution of which is not fixed, such benefits shall have the same character.

In either case, they shall be distributed as civil fruits, and shall be applied in the manner prescribed in the preceding article.

Question 18

What is the usufructuary’s extent to enjoy the fruits and accessions?

Answer 18

Art. 571. The usufrctuary shall have the right to enjoy any increase which the thin in usufruct may acquire through accession, the servitudes established in its favor, and in general all the benefits inherent therein.

Question 19

May the usufructuary lease the thing in usufruct?

Answer 19

Yes. Art. 572. The usufructuary may personally enjoy the thin in usufruct, lease it to another, or alienate his right of usufruct, even by gratuitous title; but all contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct, saving leases of rural lands, which shall be considered as subsisting during the agricultural year.

Question 20

Is a usufructuary obliged to return to the naked owner the things necessarily consumable included in the thing in usufruct?

Answer 20

No. Art. 573. Whenever the usufruct includes things which, without being consumed, gradually deteriorate through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for the purpose for which they are intended, and shall not be obliged to return them at the termination of the usufruct except in their condition at that item; but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence.

Question 21

What is the right of the usufructuary regarding things included in the usufruct when such things cannot be used without being consumed?

Answer 21

Art. 574. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. In case they were not appraised, he shall have the right to return the same quantity and quality or pay their current price at the time the usufrcut ceases.

Question 22

May the usufruct make us of dead trunks, and uprooted plants?

Answer 22

Yes. Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the dead trunks, and even of those cut-off or uprooted by accident, under the obligation to replace them with new plants.

Question 23

What shall be the duty of the usufructuary in cases of calamities or extraordinary events where trees or shrubs shall have disappeared?

Answer 23

Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs shall have disappeared in such considerable number that it would not be possible or it would be too burdensome to replace them, the usufructuary may leave the dead, fallen or uprooted trunks at the disposal of the owner, and demand that the latter remove them and clear the land.

Question 24

What are the rights of the usufructuary of a woodland?

Answer 24

Art. 577. Par. 1-2. The usufructuary of woodland may enjoy all the benefits which it may produce according to its nature.

If the woodland is a copse consisting of timber for building, the usufructuary may do such ordinary cutting or felling as the owner was in the habit of doing, and in default of this, he may do so in accordance with the custom of the place, as to the manner, amount and season.

Question 25

What is the rule regarding the felling or cutting of trees in usufructuaries of woodland?

Answer 25

Art. 577. par. 3. In any case the felling or cutting of trees shall be made in such manner as not to prejudice the preservation of the land.

Question 26

If the usufruct contains nurseries, what may the usufructuary do?

Answer 26

Art. 577. par. 4. In nurseries, the usufructuary may make the necessary thinnings in order that the remaining trees may properly grow.

Question 27

Generally, may the usufructuary cut down trees of a property under usufruct?

Answer 27

No. Under Art. 577 par. 5. it is stated, “With the exception of the provisions of the preceding paragraphs, **the usufructuary cannot cut down trees** ***unless*** **it be to restore or improve some of the things in usufruct**, and in such case, he shall first inform the owner of the necessity for the work.”

Question 28

What are the rights of the usufructuary of an action to recover real property or a real right, or any movable property?

Answer 28

The usufructuary has: (1) the right to bring the action; (2) oblige the owner to give him the authority for this purpose; and (3) furnish him whatever proof he may have. In case the usufructuary acquires the thing claimed, the usufruct shall be limited to the fruits. The dominion shall stay with the owner. Art. 578. The usufructuary of an action to recover real property or a real right, or any movable property, has the right to bring the action and to oblige the owner thereof to give him the authority for this purpsoe and to furnish him whatever proof he may have. If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner.

Question 29

May the usufructuary make improvements on the usufruct?

Answer 29

Yes. Art. 570. The usufructuary may make on the property held in usufruct such useful improvements or expenses for mere pleasure as he may deem proper, **provided he does not alter its form or substance;** but he shall have no right to be indemnified therefor. He may, however, remove such improvements, *should it be possible to do so without damage to property.*

Question 30

What is the usufructuary's right to set-off improvements?

Answer 30

Art. 580. The usufructuary may set-off the improvements he may have made on the property against any damage to the same. This article presupposes that the value of the improvements exceed that of the damages. However, if it is the other way around, the usufructuary is liable for the difference.

Question 31

May the naked owner still alienate the property despite the usufruct?

Answer 31

Yes. Art. 581. The owner of property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything thereon which may be prejudicial to the usufructuary.

Question 32

What are the rights of the usufructuary of a property held in common? What happens to the usufruct if the co-ownership has ceased?

Answer 32

Art. 582. The usufructuary of a part of a thing held in common shall exercise **all the right pertaining to the owner thereof with respect to the administration and the collection of fruits or interest.** Should the co-ownership cease by reason of the division of the thing held in common, **the usufruct of the part allotted to the co-owner shall belong to the usufructuary**.

Question 33

Art. 583. The usufructuary, before entering upon the enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate representative, an […], which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To […], binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.

Answer 33

Art. 583. The usufructuary, before entering upon the enjoyment of the property, is obliged: (1) To make, after notice to the owner or his legitimate representative, an **inventory of all the property**, which shall contain an appraisal of the movables and a description of the condition of the immovables; (2) To **give security**, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.

Question 34

What are the obligations of the usufructuary before the usufruct begins?

Answer 34

The obligations of the usufructuary before the usufruct beings are: 1. To make an inventory of the property; and 2. To give security (Art. 583).

Question 35

What are the obligations of the usufructuary during the usufruct?

Answer 35

The obligations of the usufructuary during the usufruct are: 1. To take care of the property (Art. 589); 2. To replace with the young thereof animals that die or are lost in certain cases when the usufruct is constituted on flock or herd of livestock (Art. 591); 3. To make ordinary repairs (Art. 592, par. 1); 4. To notify the owner of urgent extraordinary repairs (Art. 593); 5. To permit works and improvements by the naked owner not prejudicial to the usufruct (Art. 595); 6. To pay annual taxes and charges on the fruits (Art. 596); 7. To pay interest on taxes on capital paid by the naked owner (Art. 597); 8. To pay debts when usufruct is constituted on the whole of the patrimony (Art. 598); 9. To secure the naked owner's or court's approval to collect credits in certain cases (Art. 599); 10. To notify the owner of any prejudicial act committed by third persons (Art. 601); and 11. To pay for court expenses and costs regarding usufruct (Art. 602).

Question 36

What are the obligations of the usufructuary at the termination of the usufruct?

Answer 36

The obligations of the usufructuary at the termination of the usufruct are: 1. To return the thing in usufruct to the naked owner unless there is a right of retention (Art. 612); 2. To pay legal interest for the time that the usufruct lasts, on the amount spent by the owner for extraordinary repairs (Art. 594) and the proper interest on the sums paid as taxes by the owner (Art. 597); and 3. To indemnify the naked owner for any loss due to his negligence or of his transferees. (Arts. 589-590).

Question 37

Who are exempt from the obligation of the usufructuary to give a security before entering upon the enjoyment of the thing under usufruct?

Answer 37

Art. 584. The provisions of No. 2 of the preceding article shall not apply to **the donor who has reserved the usufruct of the property donated**, or to the **parents who are usufructuaries of their children's property,** except when the parents contract a second marriage.

Question 38

When may the obligation to make inventory by the usufructuary or to give security be excused?

Answer 38

The usufructuary may be excused from the obligation in the followinng cases: 1. where the naked owner renounces or waives his right to the inventory or security; 2. where the title constituting the usufruct relieves the usufructuary from the obligation; and 3. where the usufructuary asks that he be exempted from the obligation and no one will be injured thereby.

Question 39

What are the remedies of the owner when the usufructuary fails to give the security?

Answer 39

Art. 586. Should the usufructuary fail to give security in the cases in which he is bound to give it, the owner may demand that **the immovable be placed under administration,** that the **movables be sold**, that the public bonds, instruments of credit payable to order or to bearer **be converted into registeres certificates or deposited in a bank or public institution**, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities. The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary. Furthermore, the owner may, *if he so prefers*, until the usufructuary gives security or is excused from so doing, **retain in his possession the property in usufruct as administrator**, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration.

Question 40

May the usufructuary go to court and ask the court to exempt him from the giving of a security?

Answer 40

Yes. Art. 587 allows the usufructuary to go to court and ask for waiver of the security. The court, on human consideration, may allow the usufructuary to enjoy the property upon taking an oath – “by virtue of a promise under oath” (*caucion juratoria*) – to take care of the property (Art. 589.), and retain it until the termination of the usufruct (Art. 612.), in lieu of giving security. The usufructuary, however, must first ask the naked owner to grant him the rights mentioned, and should the latte refuse, he may resort to the courts. Art. 587. If the usufructuary who has not given security claims, by irtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of hte facts of the case. The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. If the owner does not wish the certain articles be sold because of their artistic worth or because they have sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value.

Question 41

What is the effect upon the usufructuary after he has given the security to the owner of the property in usufruct?

Answer 41

Art. 588. After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in accordance with the title constituting the usufruct, he should have commenced to receive them. (This is the retroactive effect of giving security).

Question 42

What is the standard of care expected of the usufructuary?

Answer 42

Art. 589. The usufructuary shall take care of the things given in usufruct as a good father of a family.

Question 43

What is the liability of the usufructuary who has leased or alieanted his right of usufruct to another in case of damages brought about by the latter?

Answer 43

Art. 590. A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him.

Question 44

If the usufruct is constituted on a flock or herd of livestock, what is the duty of the usufructuary in case these animals die?

Answer 44

Art. 591. If the usufruct on a flock or herd o livestock, the usufructuary shall be **obliged to replace with the young thereof the animals that die each year from natural causes**, or are lost due to the rapacity of beasts of prey. If the animals on which the usufruct is constituted should all perish, *without the fault of the usufructuary*, on account of some *contagious disease or any other uncommon event,* **the usufructuary shall fulfill his obligation by delivering tho the owner the remains which may have been saved from the misfortune.** Should the herd or flock perish in part, also by accident and without the fault of the usufructuary, **the usufruct shall continue on the part saved.** Should the usufruct be on sterile animals, **it shall be considered, with respect to its effects, as though constituted on fungible things**.

Question 45

Is the usufruct obliged to make repairs?

Answer 45

Yes, but the obligation is only limited to ordinary repairs. Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct. By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. Should the usufructuary fail to make them after demand by the owner, the latter may make them at the expense of the usufructuary.

Question 46

What does ordinary repairs mean?

Answer 46

By ordinary repairs are understood such as are required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. [Art. 592 par. 2.]

Question 47

What is the remedy of the owner when the usufructuary refuses or fails to make ordinary repairs?

Answer 47

Should the usufructuary fail to make them *after demand by the owner*, the latter may **make them at the expense of the usufructuary**. [Art. 592 par. 2.].

Question 48

What is the rule regarding extraordinary repairs?

Answer 48

Art. 593. Extraordinary repairs **shall be at the expense of the owner. The usufructuary is obliged to notify the owner when the need for such repairs is** ***urgent*****.** Art. 594. If the **owner** should make the extraordinary repairs, he shall have a **right to demand** of the usufructuary the **legal interest on the amount expended** for the time that the usufruct lasts. Should he not make them when they are indispensalbe for the preservation of the thing, the **usufructuary** may make them; but he shall have a **right to demand of the owner at the termination of the usufruct**, the increase in value which the immovable may have acquired by reason of the repairs.

Question 49

What are extraordinary repairs?

Answer 49

They are repairs which **are not ordinary**. By implication from the definition of ordinary repairs in Art. 592, the following are extraordinary repairs: 1. Those required by the **wear and tear** due to the **natural use** of the thing but **not indispensable** for its preservation; 2. Those required by the deterioration of or damage to the thing caused by **exceptional circumstnaces** but **not inidspensable for its preservation**; and 3. Those required by the deterioration of or damage to the thing caused by **exceptional circumstances** and are **indispensable for its preservation.**

Question 50

May the owner still make any works and improvements upon the thing in usufruct?

Answer 50

Yes. Art 595. The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new plantings thereon if it be rural, *provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary.*

Question 51

Who shall bear the expenses for annual charges and taxes?

Answer 51

Art. 596. The payment of annual charges and taxes and of those considered as a lien on the fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts.

Question 52

Does the owner pay any form of taxes?

Answer 52

Yes. Art. 597. The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner. If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct.

Question 53

May the usufructuary claim any matured credits which form a part of the usufruct?

Answer 53

Yes. Art. 599. The usufructuary may claim any matured credits which form a part of the usufruct if he has given or gives the proper security. If he has been excused from giving security or has not been able to give it, or if that given is not sufficient, he shall need the authorization of the owner, or of the court in default thereof, to collect such credits. The usufructuary who has given security may use the capital he has collected in any manner he may deem proper. The usufructuary who has not given security shall invest the said capital at interest upon agreement with the owner in default of such agreement, with judicial authorization; and, in every case, with security sufficient to preserve the integrity of the capital in usufruct.

Question 54

Will the usufructuary of a mortgaged immovable be obliged to pay the debt?

Answer 54

No. Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to pay the debt for the security of which the mortgage was constituted. Should the immovable be attached or sold judicially or the payment of the debt, the owner shall be liable to the usufructuary or whatever the latter may lose by reason thereof.

Question 55

In case of acts of any third person which may prejudicial to the rights of ownership, what is the obligation of the usufructuary?

Answer 55

Art 601. The usufructuary shall be obliged to notify the owner of any act of a third person, of which he may have knowledge, that may be prejudicial to the rights of ownership, and he shall be liable should he not do so, for damages, as if they had been caused through his own fault.

Question 56

Who shall bear the costs and expenses for a suit?

Answer 56

Art. 602. The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary.

Question 57

How is a usufruct extinguished?

Answer 57

Art. 603. Usufruct is extinguished: 1. By the death of the usufructuary, unless a contrary intention clearly appears; 2. By the expiration of the period for which it was constituted, or by the fulfillment of any resolutory condition provided in the title creating the usufruct; 3. By merger of the usufruct and ownership in the same person; 4. By renunciation of hte usufructuary; 5. By the total loss of the thing in usufruct; 6. By the termination of the right of the person constituting the usufruct; 7. By prescription. *Note: Other causes –* annulment or rescission of contract creating usufruct, mutual consent, special causes provided for by other legal provisions such as emancipation of a child which terminates parental usufruct over the property of a child. A usufruct is not extinguished by bad us of the thing in usufruct.

Question 58

What happens if there is partial loss of the thing in usufruct?

Answer 58

Art. 604. If the thing given in usufruct should be lost only in part, the right shall continue on the remaining part.

Question 59

May a usufruct be constituted upon a corporation?

Answer 59

Yes but not exceeding 50 years. Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or association for more than fifty years. If it has been constituted, and before the expiration of such period the town is abandoned, or the corporation or association dissolved, the usufruct shall be extinguished by reason thereof.

Question 60

Art. 606. A usufruct granted for the time that may elapse before a third person attains a certain age, shall […], unless such usufruct has been expressly granted only in consideration of the existence of such person.

Answer 60

Art. 606. A usufruct granted for the time that may elapse before a third person attains a certain age, **shall subsist for the number of years specified, even if the third person should die before the period expires**, unless such usufruct has been expressly granted only in consideration of the existence of such person.

Question 61

What happens where usufruct on land and building, and building destroyed.

Answer 61

Art. 607. If the usufruct is constituted on immovable property of which a building forms part, and the latter should be destroyed in any manner whatsoever the usufructuary shall have a right to make use of the land and the materials. The same rule shall be applied if the usufruct is constituted on a building only and the same should be destroyed. But in such case, if the owner should wish to construct another building, he shall have a right to occupy the land and to make use of the materials, being obliged to pay to the usufructuary, during the continuance of the usufruct, the interest upon the sum equivalent to the value of the land and of the materials.

Question 62

What is the effect if the usufructuary shares in the cost of insurance of the thing in usufruct?

Answer 62

Art. 608. If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the former shall in case of loss, continue in the enjoyment of the new building, should one be constructed, or shall receive the interest on the insurance indemnity if the owner does not wish to rebuild. Should the usufructuary have refused to contribute to the insurance the owner insuring the tenement alone, the latter shall receive the full amount of the insurance indemnity in case of loss, saving always the right granted to the usufructuary in the preceding article.

Question 63

What will happen if the thing in usufruct is expropriated?

Answer 63

Art. 609. Should the thing in usufruct be expropriated for public use, the owner shall be obliged either to replace it with another thing of the same value and of similar conditions, or to pay the usufructuary the legal interest on the amount of the indemnity for the whole period of the usufruct. If the owner chooses the latter alternative, he shall give security for the payment of the interest.

Question 64

Does bad use extinguish a usufruct?

Answer 64

No. Art. 610. A usufruct is not extinguished by bad use of the thing in usufruct; but if the abuse should cause considerable injury to the owner, the latter may demand that the thing be delivered to him, binding himself to pay annually to the usufructuary the net proceeds of the same, after deducting the expenses and the compensation which may be allowed him for its administration.

Question 65

Will the death of one of the usufructuary in case the usufruct is constituted in favor of several persons extinguish the usufruct?

Answer 65

No. Art. 611. A usufruct constituted in favor of several persons living at the time of its constitution shall not be extinguished until the death of the last survivor.

Question 66

What is the obligation of the usufructuary upon the termination of the usufruct?

Answer 66

Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. After the delivery has been made, the security or mortgage shall be cancelled.