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USUFRUCT

- gives the 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

CHARACTERISTICS
- real right
- of temporary duration
- authorizing its holder - to enjoy all the benefits which results from normal
enjoyment (exploitation) of another's property
with obligation to return at the designated, either the same time, or in some
cases, its equivalent.

ESSENTIAL ELEMENTS
- real right (whether it is registered or not)
- temporary nature or duration
- purpose - enjoy the benefits and derive all advantages from object as a
consequence of normal use

NATURAL ELEMENTS (ordinarily present but may be eliminated)


- obligation to conserving or preserving form and substance (value) of thing
- abnormal usufruct (usufruct on sterile animals)

ACCIDENTAL ELEMENTS (may be absent)


- whether it is pure or conditional
- number of years that it will exist
- in favor of one or several

OBJECT OF USURFRUCT
- real or personal
- sterile or productive
- may be created over a right, as long it is not strictly personal or
intransmissible, and as long it has its independent existence

RIGHTS AVAILABLE TO USUFRUCTUARY


- action to protect usufruct
- action to protect exercise of usurfruct

CLASSIFICATION
A. ORIGIN
1. legal - usufruct on property of unemancipated children
2. voluntary/conditional - will of parties (donation inter vivos or donation mortis
causa)
3. mixed - law or act (prescription)

REQUIREMENTS MUST BE COMPLIED WITH


- registration - bind 3rd parties

B. QUANTITY/EXTENT
- fruits (full or partial)
- objects (universal, over entire patrimony) or (particular, only individual thing)
- single or multiple (successively or simultaneously)
- things (normal/perfect/regular) or (abnormal/imperfect/irregular/quasi-usufruct)
- terms or conditional (pure or with condition)

LAWS GOVERNING - TITLE - CIVIL CODE


WILL > CODAL (as long as not repugnant with CC)

RIGHTS OF USUFRUCTUARY
1. ENTITLED TO RECEIVE FRUITS (nic) AND TO ITS BENEFITS
as to hidden treasures, so long as he's not a finder, he is a stranger
fruits; NIC (accrues during existence of usufruct)
as to pending fruit -

dividend (civil fruits - belong to usufructuary not remainderman), declared out of


corporate profits not corp. profits
if products diminish capital - not fruits

natural and industrial - growing at the time usu begins - belongs to USU
those growing at the us terminates - to REMAINDERMAN

USUFRUCTUARY, at beginning, no obligation to refund owner any expenses incurred,


BUT OWNER OBLIGED REIMBURSE AT TERMINATION OF USUFRUCT, from proceeds of growing
fruits ORDINARY EXPENSES OR CULTIVATION, FOR SEEDS OR OTHER SIMILAR EXPENSES
incurred by USU, but not prejudice rights of 3rdp acquired at beginning or at end
of usufruct (possessor in GF, expenses shall be pro rated)

if USU leased land in usufruct, leasee shall exipire at the end or before usufruct,
he or his heirs or successors, receive proportionate share of rents paid by lessees
XPN: rural land leases (respect at the end of agricultural year)

civil fruits - deemed to accrue daily

if usufruct constituted, right to receive rents or periodical pension, in money or


fruits, interest on bonds and sureties payable to bearer, each payment - considered
as proceeds of the fruits

if consists of enjoyment of benefits accruing from participation in any industrial


or commercial enterprise, date of distribution of which is not fixed, benefits
shall have same character
all considered as civil fruits

USU - right to enjoy any increase in thing in usufruct may acquire through
accession, servitudes, and other inherent benefits to property

USU - may personally enjoy thing in usufruct, lease it to another, alienate his
right of usufruct, even by gratuitous but all ocntract, he may enter shall
terminate at the end or before end of usufruct XPT rural land leases

RIGHTS WITH REFERENCE TO THING ITSELF


- personally enjoy thing (entitled to possession and fruits)
- lease thing to another (even without owner's consent)

WITH REFERENCE TO USUFRUCT ITSELF


- pledge or mortgage of usufructuary rights (owns said right) but he cannot pledge
pr mortgage the thing ITSELF since he does not own the thing

whenever usufruct includes thing, without which being consumed, gradually


deteriorate (wear and tear). USU - right to make in accordance with purposes for
which are intended, and shall not be obliged to return them at termination of
usufruct, except on condition at the time, OBLIGED TO INDEMNIFY THE OWNER FOR
DETERIORATION THEY MAY HAVE SUFFERED, due to fraud or negligence

as to usufruct of consumable things, abnormal or quasi usufruct


- right to make use of them, under obligation to pay the appraised value if it was
appraised at the end of usufruct, if not, have the right to return the same quality
snd quantity or pay current price at the time usufruct ceases.
usufructary of action to recover real property or real right, or any movable
property, has the right to bring action to oblige the owner, to give them authority
for this purpose to furnish him whatever proof he may have. If in consequence, he
acquired the thing claimed, usufruct is limited to fruits, dominion belongs to the
owner

USU may make on property held in usufruct, such useful improvements or expenses for
mere pleasure as may deem proper, provided he does not alter form or substance. No
right to be indemnified, but he may remove them as long removal would not cause
injury to the property in usufruct, or may set-off improvements against damages for
which he may be liable

Naked owner of property of usufruct of which is held of another, may alienate it,
but he cannot alter form or substance or do any thing which may prejudice the
usufruct.

USU of a part of a thing held in common shall exercise all the rights pertaining to
the owner, respecting administration and collection of fruits or interest. Should
co-ownership cease - partition, usufruct of a part allowed to the co-owner shall
belong to usufructuary.

OBLIGATIONS OF THE USUFRUCTUARY

USU before entering upon enjoyment of property, obliged to make, after notice to
owner or legit rep, INVENTORY of all property, which shall contain APPRAISAL of mov
and PRESCRIPTION of condition of immov, and GIVE SECURITY. binding himself to
fulfil obli imposed upon him. (NOT NECESSARY FOR USUFRUCT TO BEGIN)

OBLIGATION RE INVENTORY AND SECURITY


- as a rule, no form is required, except when there a real properties
- expenses - borne by USU, duty is his except when he is exempted from making
- inventory is not required, no one will be prejudiced, waived or law or
stipulation

DUTY OF USUFRUCTUARY - insure faithful compliance - giving security,


exceptions: parental usufruct, usufructuary (donor of property), caucion juratoria
(place or bond), oath to fulfil duties usufructuary

USU whatever may be the title of usufruct, may be excused from obligation making
inventory or giving security when no one will be injured

should USU fail give security in cases he is bound, owner may demand immovables
placed under admin, movable be sold, bonds, credits and instruments (converted into
registered certificates) deposited into banks.

or if he prefer OWNERS, until USU gives security, retains possession as admin, and
deliver to USU net proceeds after deducting the sum which may be agreed upon or
judicial allowed him for such admin

rights of usufructuary

- receive all the benefits from the fruits


- to half of the half-hidden treasure he may accidentally find, - finder
- enjoy the increase through accession and servitudes

- lease the thing generally, for the same or shorter period as the usufruct
- improve the thing without altering the substance
- right to set-off improvements he may have on the property against any damage to
the same

- retain a thing until he is reimbursed for advances and extraordinary expenses


made by him
- to collect reimbursement from the owner for indispensable extraordinary repairas

- right to receive ALL the benefits from fruits (NIC)


- right to the HALF of the hidden treaures he may accidentally in find, in case he
is a finder
- right to ENJOY all the increasure through accessions and servitude

- right to LEASE the property held in usufruct without consent to the remainder,
but subject to limitation, that the lease or other contracts usufructuary will
enter will terminate at the expiration of the usufruct, or before it. COTERMINOUS

- right to IMPROVE the thing held in usufruct without altering its form and
substance

- right to SET-OFF improvements which may have on property against damage which may
be due

- right to retain the thing until he is reimbursed for advances and EXTRAORDINARY
expenses and taxes on capital

- right to COLLECT reimbursement from the owner for indispensable and extraordinary
repairs, taxes on capital he had advanced and damages caused to him

- right to REMOVE improvements made by him provided that it will not cause injury
to the property held in usufruct

- right to bring an ACTION for protection of usufruct and its exercise

- right to ask AUTHORITY and PROOFS from the owner for recovery of the property
held in usufruct in cause of unlawful deprivation