Usufructuary Rights Flashcards
Does a usufructuary become owner over consumables?
Yes. He inherits each of the 3 rights: abusus, fructus, and usus.
Can a usufructuary alienate a consumable?
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.
Does a usufructuary become owner of nonconsumables?
No, he gets the usus and fructus only.
Does a usufructuary have the right to alienate?
ONLY if the right has been specifically provided for in the instrument granting the usufruct. He can alienate, sale, or encumber the usufruct itself.
Does a usufructuary have rights to the fruits of a consumable?
Yes, as owner of the thing, he has complete freedom to use, keep, collect, and enjoy the fruits.
Does a usufructuary have rights to the fruits of a nonconsumable?
Yes, he has the rights to claim civil and natural fruits. (Fructus)
What type of security is available for nonconsumables?
If subrogation occurs…
What duty does the usufructuary owe to the naked owner of nonconsumables?
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.
What duty does the usufrutuary owe to the naked owner consumables?
The usufructuary must account to the naked owner for the thing or original value.
Is there a repayment for the usufruct over consumables?
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.
Is there a repayment for the usufruct over nonconsumables?
No, but he must deliver the thing with normal usage.
Can a usufruct prescribe?
Yes, a usufruct is subject to prescription. After 10 years of nonuse.
What is the nature of a usufruct?
A usufruct is an incorporeal thing. It is a real right of limited duration.
What is the classification of a usufruct?
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.
What is a consumable?
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…
What is a nonconsumable?
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.
How is a usufruct established?
A usufruct can be established by a juridical act inter vivos or morris causa or by operation of law.
A usufruct created by operation of law is ______
Legal usufruct
A usufruct created by a juridical act is _______
Conventional Usufruct
A cash dividend declared during the existence of the usufruct belongs to _________
The usufructuary
A liquidation dividend or a stock retention payment belongs to
The naked owner, subject to the usufructuary.
The usufructuary takes the thing in the state in which they are; thus,
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.
Improvements and alterations
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.
