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`Title VI - Usufruct

Art 562.

Usufruct - gives a right to enjoy the property of another,

- with the obligation of preserving its form and substance

Three fundamental rights appertaining to ownership

1. Jus Disponendi - dispose
2. Jus Fruendi - fruits
3. Jus Utendi - use
Combination of Jus Utendi and Jus Fruendi = Usufruct
Jus Disponendi = Naked Ownership

In usufruct - only the jus utendi and jus fruendi is transferred to

Owner - maintain jus disponendi / power to alienate.

1) Full Ownership - naked ownership (jus dispodendi)
plus usufruct (jus fruendi and jus utendi)
2) Naked Ownership - full ownership minus usufruct
3) Usufruct - full ownership minus naked ownership

Characteristics / elements of Usufruct

Essential Characteristics - without which there can be no usufruct

1) Real right (registered / not)
2) Temporary in nature or duration
3) Purpose is to enjoy the benefits and derive all advantages from the
object as a consequence of normal use / exploitation.
Natural characteristics - ordinarily present, stipulation could eliminate
1) The obligation of preserving the form and substance of the thing
Accidental characteristics - maybe present / absent depending on

1) Whether pure / conditional usufruct

2) Number of years it will exist
3) Whether in favour of one person / several.

Reasons for conserving form and substance

1) prevent extraordinary exploitation
2) prevent abuse
3) prevent impairment

Object of Usufruct
- real or personal
- sterile or productive
- maybe created over right and it has an independent existence

Art 563

Classification of Usufruct as to Origin

1) Legal - created by law
- Usufruct of parents over the property of their unemancipated
2) Voluntary / Conventional
- By will of parties inter vivos
- created Mortis Causa
3) Mixed / Prescriptive - created by both law and act of person
- e.g - usufruct acquired by acquisitive prescription.

Registration of usufruct over real property - usufruct over real property

must be duly registered in order to bind innocent 3rd parties.

Art 564
Classification of usufruct according to quantity or extent
1) as to fruits - total or partial (depending on whether all fruits are
given or not)
2) as to objects - universal (entire patrimony); singular / particular
(individual thing are included)
Classification of usufruct as to number of persons enjoying the right
1) simple - only one person enjoys
2) multiple - several usufructuaries enjoy

- simultaneous - at the same time

- successive - one after the other

Usufruct created by donation, all the donees must be alive or at least

already conceived.
Testamentary succession - only 2 successive usufructuaries both must
be alive or conceived at the time of testator's death.
Classification of usufruct as to the quality or kind of objects involved.
1) usufruct over rights - right must not be strictly personal or
- right to receive future support - cannot be an object of usufruct.

2) usufruct over things

- Normal Usufruct (perfect or regular) - usufruct over non
consumable things
where the form and substance are preserved.
- Abnormal Usufruct (imperfect or irregular / quasi-usufruct) usufruct over
consumable property
Art 565 - Rules governing the usufruct

Rules governing a usufruct

1) Agreement of parties / title giving the usufruct - thus the usufruct
may be alienated by agreement of parties.
2) In case of deficiency apply the Civil Code.

Conflict between the will and codal provision - the will shall prevail