Usufructuary Rights

Question 1

Does a usufructuary become owner over consumables?

Answer 1

Yes. He inherits each of the 3 rights: abusus, fructus, and usus.

Question 2

Can a usufructuary alienate a consumable?

Answer 2

Yes, at the termination of the usufruct he is bound to pay the naked owner the value of the thing or deliver it in the same quantity.

Question 3

Does a usufructuary become owner of nonconsumables?

Answer 3

No, he gets the usus and fructus only.

Question 4

Does a usufructuary have the right to alienate?

Answer 4

ONLY if the right has been specifically provided for in the instrument granting the usufruct. He can alienate, sale, or encumber the usufruct itself.

Question 5

Does a usufructuary have rights to the fruits of a consumable?

Answer 5

Yes, as owner of the thing, he has complete freedom to use, keep, collect, and enjoy the fruits.

Question 6

Does a usufructuary have rights to the fruits of a nonconsumable?

Answer 6

Yes, he has the rights to claim civil and natural fruits. (Fructus)

Question 7

What type of security is available for nonconsumables?

Answer 7

If subrogation occurs…

Question 8

What duty does the usufructuary owe to the naked owner of nonconsumables?

Answer 8

He is only bound to preserve the substance of the thing as a prudent administrator and deliver the thing upon termination. He has no duty to account for the fruits.

Question 9

What duty does the usufrutuary owe to the naked owner consumables?

Answer 9

The usufructuary must account to the naked owner for the thing or original value.

Question 10

Is there a repayment for the usufruct over consumables?

Answer 10

At the termination of the usufruct, he is bound to pay to the naked owner the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.

Question 11

Is there a repayment for the usufruct over nonconsumables?

Answer 11

No, but he must deliver the thing with normal usage.

Question 12

Can a usufruct prescribe?

Answer 12

Yes, a usufruct is subject to prescription. After 10 years of nonuse.

Question 13

What is the nature of a usufruct?

Answer 13

A usufruct is an incorporeal thing. It is a real right of limited duration.

Question 14

What is the classification of a usufruct?

Answer 14

A usufruct’s classification depends on the nature of the thing upon which the right exists…a usufruct on a tract of land is an incorporeal immovable.

Question 15

What is a consumable?

Answer 15

A consumable is a thing that cannot be used without being expended or consumed, or without their substance being changed. Ex: money, harvested agricultural products, foodstuff…

Question 16

What is a nonconsumable?

Answer 16

Things are those that may be enjoyed without alteration of their substance. There substance may be diminished or deteriorated naturally by time or by the use for which they apply. Ex: land, houses, shares of stock, animals, furniture, and vehicles.

Question 17

How is a usufruct established?

Answer 17

A usufruct can be established by a juridical act inter vivos or morris causa or by operation of law.

Question 18

A usufruct created by operation of law is ______

Answer 18

Legal usufruct

Question 19

A usufruct created by a juridical act is _______

Answer 19

Conventional Usufruct

Question 20

A cash dividend declared during the existence of the usufruct belongs to _________

Answer 20

The usufructuary

Question 21

A liquidation dividend or a stock retention payment belongs to

Answer 21

The naked owner, subject to the usufructuary.

Question 22

The usufructuary takes the thing in the state in which they are; thus,

Answer 22

the usufructuary may not compel the naked over to make repairs needed at the commencement of the usufruct AND he must suffer the servitude which existed on the land of which he bass the usufruct.

Question 23

Improvements and alterations

Answer 23

The usufructuary may make improvements and alterations that a prudent administrator would make on the property at his own cost and with the consent of the naked owner or approval of the court.