Usufruct Flashcards
What is a usufruct?
A 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.
Under usufruct, what are the two rights that are exercised?
The usufructuary has the right to use and right to the fruits of the thing.
What is the rule with regards to the fruits of the property in a usufructuary?
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.
What is the rule with regards to the ownership of the fruits at the start and termination of the usufruct?
Natural or industrial fruits growing at the time the usufruct begins, belong to the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
The usufructuary at the beginning of the usufruct, has no obligation to refund to the owner any expenses incurred. But the owner shall be obliged to reimburse at the 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.
Civil fruits are deemed to accrue daily and belong to the usufructuary in proportion to the time the usufruct may last.
What is the rule on civil fruits when the usufructuary leases the property to another?
If the usufructuary has leased the lands or tenements given in usufruct, and the usufruct should expire 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 leases.
What is the rule on the increase of the thing in usufruct?
The usufructuary shall have the right to enjoy any increase which the thing in usufruct may acquire through accession, the servitudes established in its favor, and in general, all the benefits inherent therein.
What are the rights of the usufructuary with regards to the use of the property?
The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by gratuitous title, but all the contracts he may enter into as such usufructuary shall terminate upon the expiration of the usufruct.
What is the rule when the property includes things which, without being consumed, gradually deteriorates?
Whenever the usufruct includes things which, without being consumed, gradually deteriorates through wear and tear, the usufructuary shall have the right to make use thereof in accordance with the purpose for which they are intended, and shall not obliged to return them at the termination of the usufruct except in their condition at that time, but he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence.
What is the rule if the property includes things which cannot be used without being consumed?
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 usufruct ceases.
Can a usufructuary make useful improvements to the property?
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 the property.
What are the obligations of the usufructuary before entering the enjoyment of the property?
When can a usufructuary be excused from these obligations?
The usufructuary before entering upon the enjoyment of the property, is obliged:
(a) To make, after notice to the owner or his legitimate representative an inventory of all the property, which shall contain an appraisal of the movable and a description of the condition of the immovables.
(b) To give security, binding himself to fulfill the obligations imposed upon him.
The usufructuary may be excused from the obligation of making an inventory or of giving security when no one will be injured thereby.
What are the obligations of a usufructuary who alienates or leases his right of usufruct?
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 them.
Who will bear the expenses of extraordinary repairs? Who will make these extraordinary repairs?
Extraordinary repairs shall be at the expense of the owner.
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 the usufruct lasts.
If the usufructuary will make the repairs, 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.
Can an owner construct any works and make any improvements on the property?
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 to the usufructuary.
Who will borne the payment of taxes?
The payment of annual charges and taxes of those considered as lien on fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts.
