Usufruct

Question 1

Ususfruct is what?

Answer 1

a real right with a max of 30 years on the property of another. The feature vary with the nature of things subject it it as consumables and nonconsumables

Question 2

Usufructs can be established on what?

Answer 2

movable, immovables, corporeal or incorporeal. Just must be capable providing enjoyment or economic advantage

Question 3

How can you establish a usufruct?

Answer 3

A juridical act, either inter vivos or mortis cause, or by operation of law

Question 4

What are the kinds of usufruct, and explain what they are.

Answer 4

Convention - created by juridical act ie testamentary
legal- created by operation of law ie surviving spouse

Question 5

What is usufruct of surviving spouse?

Answer 5

If deceased spouse is survived by descendants the surviving spouse shall have a usufruct over descenders share. The usufruct remains until surviving spouse dies or remarries, whichever comes first.

Question 6

What are consumable things? (imperfect usufruct)

Answer 6

Things that cannot be used without being expend or consumed (substance being changed), money, foodstuffs, stocks of merchandise.

Question 7

What are non consumable things (perfect usufruct)?

Answer 7

Things that can be enjoyed with alteration of their substance, although substance may be diminished or by the use to which they are applied, such as land, houses, shares of stock, animals, furniture, vehicles.

Question 8

How does a usufruct over consumable things work?

Answer 8

The usufructuary may use them as he sees fit. At end of usufruct he must reimburse the naked owner the value, or repay with things in like kind and quantity.

Question 9

How does a usufruct over non-consumable things work?

Answer 9

The usufructuary has the right to possess and derive profits and advantages, just must preserve their substance

Question 10

To whom may you grant a usufructuary?

Answer 10

Usufructuary must exist or be conceived.

Question 11

May usufructs be divided?

Answer 11

Yes. into divided portions,

Question 12

Can usufruct demand partition?

Answer 12

No, must have share in ownership too

Question 13

What are 4 important rules for a usufructuary?

Answer 13

(1)enjoy the property, no duty to account for fruits to naked owner
(2) Required to act as a prudent administrator in regards to non-consumables.
(3) Can use consumables how she wishes, however must account for them to naked owner at termination of usufruct.
(4) Naked owner is entitled to receive non-consumables with an diminution in their substance

Question 14

Improvements and alterations on usufruct? What happens?

Answer 14

Usufructuary may make improvements and alterations with written consent. If Naked owner refuses may, with court approval, make improvements a prudent admin would make.

Question 15

Can the naked owner just sell the land and get rid of the usufruct?

Answer 15

Nope, the naked owner can sell the land, but the usufructuary is a real right that stays with the land.

Question 16

Can the Naked owner do anything to the property while the usufruct is there?

Answer 16

Nope, must not interefere

Question 17

When does a usufruct expire?

Answer 17

(1)at end of 30 years (max)
(2) death of usufructuary
(3) dissolution of juridical person
(4) total and permanent loss of property subject to usufruct (hurricanes dont count anymore)
(5) renunciation, written

Question 18

What if a 3rd party destroys the property subject to the usufruct?

Answer 18

Then the usufruct attaches to the damages

Question 19

If property was subject to an encumbrance, what happens to usufruct?

Answer 19

If the encumbrance is enforced, like foreclosure, the usufruct terminates

Question 20

Can it prescribe from non-use?

Answer 20

Yes 10 years, just like predial servitudes

Question 21

What if the usufructuary abuses the property?

Answer 21

Then naked owner can terminate

Question 22

Involuntary changes in property, what happens to usufruct?

Answer 22

The usufruct stays, even if its liquidated, then it attaches to proceeds.

Question 23

What if property or non consumables are sold?

Answer 23

Then usufruct attaches

Question 24

What happens if naked owner doesn’t let usufruct attach to proceeds?

Answer 24

Then usufructuary and or heirs has a right to retain possession of property until reimbursed.