Title VI USUFRUCT

Usufruct right to enjoy anothers property with correlative duty of preserving its form and

substance
1.
things movable/immovable
2.
rights provided it is not strictly personal

Kinds:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

1.
2.
3.

4.
5.
6.
7.
8.
9.
10.
11.
12.
13.

14.

15.
16.

legal parents over children

voluntary contracts, wills
mixed prescription
total
partial
simultaneous
successive
pure
conditional
With a term
Rights of usufructuary:
Right to civil, natural & industrial fruits of property
Right to hidden treasure as stranger
Right to transfer usufructuary rights gratuitous or onerous; but is co-terminus with term of
usufruct; fruits proportionate at duration of usufruct; but cant do acts of ownership such as
alienation or conveyance except when property is:
consumable
intended for sale
appraised when delivered; if not appraised & consumable return same quality (mutuum)
Right not exempt from execution and can be sold at public auction by owner
Naked owner still have rights but w/o prejudice to usufructuary; may still exercise act of
ownership bring action to preserve
Right to fruits growing at time usufruct begins; growing fruits at termination of usufruct
belongs to owner
Right to necessary expenses from cultivation at end of usufruct
Right to enjoy accessions & servitudes in its favor & all benefits inherent therein
Right to make use of dead trunks of fruit bearing trees & shrubs or those uprooted/cut by
accident but obliged to plant anew
Right of usufructuary of woodland ordinary cutting as owner does habitually or custom of
place; cannot cut down trees unless it is for the restoration of improvement of things in usufruct
must notify owner first
Right to leave dead, uprooted trees at the disposal of owner with right to demand that owner
should clear & remove them if caused by calamity or extraordinary event impossible to
replace them
Right to oblige owner to give authority & furnish him proofs if usufruct is extended to recover
real property or real right
Right to necessary expenses

17. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part
of owner; may remove improvement if can be done w/o damage
18. Right to set-off improvements against damages he made against the property
19. Right to administer when property is co-owned; if co-ownership cease usufruct of part
allotted to co-owner belongs to usufructuary not affected
20. Right to demand the increase in value of property if owner did not spend for extraordinary
repairs when urgent & necessary for preservation of thing

Rights of naked owner

1.
2.
3.
4.

Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary
Construct any works Y make any improvement provided it does not diminish value or usufruct
or prejudice right of usufructuary
Obligations of usufructuary:

1.

Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who
have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to
return in that state; except when there is fraud or negligence, then he shall be liable
3.
Before entering into usufructuary::

Notice of inventory of property (appraisal of movables & description)

Posting of security
1.
2.

not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:

1.
2.
3.
4.
5.

immovables be placed under administration

NI can be converted into registered certificates or deposited in bank
Capital & proceeds of sale of movables be invested in safe securities
Interest on proceeds or property under admin belong to usufructuary
Owner may retain property as administrator w/ obligation to deliver fruits to usufructuary until
he gives sufficient security
6.
Effect of security is retroactive to day he is entitled to fruits

4. Take care of property as a good father of family

5.
6.

Liable for negligence & fault of person who substitute him

If usufruct is constituted on animals duty bound to replace dead animals that die from natural
causes or became prey; if all of them perish w/o fault but due to contagious disease /
uncommon event deliver remains saved; if perish in part due to accident continue on
remaining portion; if on sterile animals as if fungible replace same kind & quality
7.
Obliged to make ordinary repairs wear & tear due to natural use of thing and are
indispensable for preservation; owner may make them at expense of usufructuary during
existence of usufruct
8.
Obliged to make expenses due to his fault; cannot escape by renouncing usufruct
9.
Pay legal interest from extraordinary expenses made by owner

10. Payment of expenses, charges & taxes affecting fruits

11. Payment of interest on amount paid by owner charges on capital
12. Obliged to notify owner of act of 3rd person prejudicial to rights of ownership he is liable if he
does not do so for damages as if it was caused through his own fault
13. Expenses, cost & liabilities in suits brought with regard to usufructuary borne by usufructuary

Obligations of owner
1.
2.
3.
4.
5.

extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make
them
expenses after renunciation of usufruct
taxes & expenses imposed directly on capital
if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to
be liable for whatever is lost by usufructuary
if property is expropriated for public use owner obliged to either replace it or pay legal
interest to usufructuary of net proceeds of the same
Extinguishment of usufruct

1.
2.
3.
4.
5.
6.
7.

death of usufructuary unless contrary intention appears

expiration of period of usufruct
merger of usufruct & ownership
renunciation of usufructuary express
total loss of thing
termination of right of person constituting usufruct
prescription use by 3rd person
loss in part remaining part shall continue to be held in usufruct
usufruct cannot be constituted in favor of a town, Corp or assoc. for more than 50 years
usufruct constituted on immovable whereby a building is erected & building is destroyed

right to make use of land & materials

if owner wishes to construct a new building pay usufructuary the value of interest of land &

materials
both share in insurance if both pays premium; if only owner then proceeds will go to owner

only
effect if bad use of the thing owner may demand the delivery of and administration of the

thing with responsibility to deliver net fruits to usufructuary

at termination of usufruct:
thing to be delivered to owner with right of retention for taxes & extraordinary expenses w/c

should be reimbursed
security of mortgage shall be cancelled