POSSESSION USUFRUCT

Entitlement to BEFORE the Possessor in Usufructuary shall be entitled to all the

fruits possession is GOOD FAITH is natural, industrial, and civil fruits. For
legally entitled to the hidden treasures, he shall be considered
interrupted. fruits as stranger (so he has a share of half).

Fruits growing 1. Belongs to

at the time usufructuary
usufruct
2. No obligation to
begins.
refund the owner any
expenses the latter has
incurred.

AFTER the The possessor Fruits growing 1. Belongs to the owner.

interruption of shall have a right at the time
2. The owner shall be
good faith to the usufruct
obliged to reimburse
terminates.
1. Part of the from the proceeds of the
expenses of growing fruits
cultivation
a) Ordinary expenses for
2. Part of the net cultivation
harvest
b) For seed
*both in
c) Other similar expenses
proportion to the
incurred
time of
possession

(Period of good
faith: remaining
period before
harvest)

If there is no net
harvest, to the
amount of their
expenses on pro
rata loss

Civil Fruits Deemed to accrue daily and belong to Deemed to accrue daily and belong to the
the possessor in good faith on that usufructuary in proportion to the time the
proportion. usufruct may last.

Necessary GOOD FAITH BAD FAITH

Expenses
1. Right to be 1. Right to be Ordinary Usufructuary is obliged to
Made for the refunded refunded Repairs make ordinary repairs
preservation of needed by the thing.
2. Right to 2. NO right of
the thing
retention until retention
paid
3. Liable for In case of failure of
damages usufructuary after
demand by the owner,
the owner may make
them at the expense of
 usufructuary.

Extraordinary Shall be at the expense of

Repairs the owner. Usufructuary
is obliged to notify the
owner when the need for
repair is urgent.

IF THE OWNER make

them:

1. Right to demand of the

usufructuary the LEGAL
INTEREST on the amount
expended for the time
the usufruct lasts.

IF THE USUFRUCTUARY
make them:

1. Right to demand of the

owner at the termination
of usufruct, the increase
in value which the
immovable may have
acquired.

1. Annual At the expense of the

Charges usufructuary for all the
time the usufruct lasts
2. Taxes

3. Lien on the
Fruits

Taxes which At the expense of the

may be owner
imposed
1. Usufructuary must pay
directly on the
him the proper interest
capital
2. If usufructuary
advanced the payment,
he shall recover the
amount paid.

Useful Expenses GOOD FAITH BAD FAITH 1. No right to be indemnified

Add value to the 1. Right to be No rights 2. He may remove such improvements

property refunded should it be possible to do so without
damage to the property.
The person
who has
defeated him
*In case there are any damages to the
has the
thing, he may set off the improvements to
option to:
his liability.
a) Refund the
If the value of the improvement is greater
amount of
 expenses than the damages, the excess shall belong
to the naked owner.
b) Pay the
increase in If the value of the improvement is lesser
value of the than the damages, he shall still be liable to
thing pay the damages.

2. Right of
retention

If the useful
improvement can
be removed, he
may remove it
unless the person
who recovers
possession
exercises the
option to refund.

Luxurious GOOD FAITH BAD FAITH 1. No right to be indemnified

Expenses
Not refunded. Not refunded. 2. He may remove such improvements
should it be possible to do so without
damage to the property.
If successor does If the successor
not prefer to does not prefer to
refund the retain by paying *In case there are any damages to the
amount the *value they thing, he may set off the improvements to
expended, the may have at the his liability.
possessor may: time he enters
If the value of the improvement is greater
into possession:
1. Remove the than the damages, the excess shall belong
ornaments if it 1. He may remove to the naked owner.
suffers no injury the objects
If the value of the improvement is lesser
to the principal provided that the
than the damages, he shall still be liable to
thing. thing suffers no
pay the damages
injury.

*presumably
depreciated. If it
appreciates, the
successor will only
pay for what was
expended.
Costs of Borne by every possessor Borne by the usufructuary
Litigation

Improvements Inure to the person who succeeded in

caused by recovering possession.
nature or time

Increases a Usufructuary shall have the right to enjoy

usufruct may any increase which the thing in usufruct
acquire may acquire through:

a) Accession

b) Servitudes established in its favor

c) All the benefits inherent therein

Loss or GOOD FAITH BAD FAITH

Deterioration
GR: No liability Liable in EVERY
CASE even if
EXC: It is proved
caused by
that he has acted
fortuitous event.
with fraudulent
intent or
negligence AFTER
the judicial
summons

Grounds to lose 1. By abandonment of the thing 1. By the death of the usufructuary unless
possession or a contrary intention clearly appears
2. By an assignment made to another
extinguish
either by onerous or gratuitous title 2. By the expiration of the period for
usufructuary
which it was constituted or by the
3. By the destruction or
fulfillment of any resolutory condition
total loss of the thing or
3. By merger of the usufruct and
because it
ownership in the same person
goes out of commerce
4. By renunciation of the usufructuary
4. Possession of another* if it lasted
5. By the total loss of the thing in usufruct
longer than one year.
6. By the termination of the right of the
*does not contemplate possession that
person constituting the usufruct
are merely tolerated, executed
clandestinely, without knowledge of 7. By prescription
the possessor or by violence.

*Abuse or misuse of usufruct does not

extinguish it.

Movables Possession of movables is not deemed

lost so long as it remains under the
control of the possessor even though
he does not know their whereabouts
Immovables and Not deemed lost or transferred for
real rights purposes of prescription to the
prejudice of third persons

(In short, lost in so far as the occupier

is concerned but not to third persons)

Things that 1. Usufructurary shall have the right to

gradually make use of it in accordance with the
deteriorate purpose which they are intended
through wear
2. Return them in their condition at that
and tear without
time
being consumed
However, he shall be obliged to
(imperfect
indemnify the owner for any
usufruct)
deterioration due to his fraud or
negligence

Things which 1. Usufructuary has the right to make use

cannot be used of them
without being
2. Under the obligation of paying their
consumed
APPRAISED VALUE at the termination of
(Quasi Usufruct) the usufruct, if they were appraised.

If not appraised,

3. Right to return the same quantity or

quality

4. Pay their current price at the time

usufruct ceases.

Usufruct of Fruit 1. May make use of dead trunks and cut

bearing trees off or uprooted by accident
and shrubs
2. Under the obligation to replace them
(Special with new plants
Usufruct)

*Incomplete