USUFRUCT
1. Concept and Nature of Usufruct (Art. 562)
● Usufruct is a real right over the property of another.
● The usufructuary (beneficiary) can use the property and enjoy its fruits (natural, industrial, or civil).
● Obligation: Preserve the form and substance of the property. Cannot destroy or waste the property.
● Exceptions:
○ The title (agreement, will, or law) may allow modifications or consumption.
○ Example: usufruct of consumable goods like money allows spending, but the usufructuary must
return equivalent value.
Key Principle: Enjoyment ≠ ownership; the owner retains ultimate ownership.
2. Modes of Constitution (Art. 563)
● By law: e.g., a surviving spouse may have usufruct of the deceased’s estate (Art. 774 CC).
● By agreement: inter vivos (contracts) or mortis causa (wills).
● By prescription: acquiring usufruct through continuous enjoyment over time (rare).
3. Extent and Conditions (Art. 564)
● Usufruct can be:
○ On whole property or only its fruits.
○ For one person or several, simultaneously or successively.
○ Fixed date or conditional.
○ Can be on rights, if they are not strictly personal or intransmissible.
4. Rights and Obligations (Art. 565)
● Rights and duties of the usufructuary are usually set in the title constituting the usufruct.
● Default rules: If the title is silent, Arts. 566–582 govern.
● Principle: Title governs first; law fills gaps.
CHAPTER 2 — RIGHTS OF THE USUFRUCTUARY
5. Right to Fruits (Arts. 566–570)
Art. 566: Usufructuary entitled to all fruits (natural, industrial, civil).
● Exception: Hidden treasure belongs to owner.
Art. 567: Timing of fruit ownership:
● At beginning: fruits already growing → usufructuary
● At end: fruits growing at termination → owner
● Usufructuary reimbursed for ordinary cultivation expenses from fruit proceeds at end.
Art. 568: If usufruct expires before a lease ends → usufructuary gets proportional rent.
Art. 569–570:
● Civil fruits (interest, rents) accrue daily → usufructuary receives proportionate share.
● Benefits from enterprise distributed like civil fruits.
Principle: Usufructuary enjoys economic benefits, but ownership of property remains with owner.
6. Right to Accession and Benefits (Art. 571)
● Usufructuary enjoys:
○ Increases from accession (e.g., alluvion, improvements).
○ Servitudes in favor of property.
○ Other inherent benefits.
7. Use, Leasing, Alienation (Art. 572)
● Can personally use property, lease, or transfer usufruct (even gratuitously).
● Contracts expire with usufruct, except rural land leases → last agricultural year.
8. Deteriorable and Consumable Things (Arts. 573–574)
Art. 573: Things that gradually wear out (furniture) → usufructuary may use normally; return at end in current
condition, only liable for fraud or negligence.
Art. 574: Consumables (e.g., money, grain) → usufructuary must pay appraised value or return equivalent.
9. Special Property (Arts. 575–577)
● Fruit-bearing trees/shrubs (Art. 575–576):
○ May use dead or fallen trunks, must replace plants.
○ After calamity → may leave trunks for owner to remove.
● Woodland (Art. 577):
○ Can do ordinary cutting per custom, preserving land.
○ Cutting for restoration/improvement → must inform owner.
10. Right to Legal Action (Art. 578)
● Usufructuary of property → can bring actions to recover property.
● Ownership remains with the owner; usufruct is limited to fruits.
11. Improvements (Arts. 579–580)
● May make useful or pleasurable improvements.
● No right to indemnity unless owner consents.
● May set off improvements against damage.
12. Owner’s Rights (Art. 581)
● Owner may alienate property, but cannot prejudice usufructuary or alter property’s substance.
13. Usufruct in Co-Ownership (Art. 582)
● Usufruct of part in co-ownership → usufructuary exercises owner’s rights for that part, including
administration and collection of fruits.
● If co-ownership is divided → usufruct attaches to assigned part.
Principle: Usufruct follows the property, even in shared ownership.
CHAPTER 3 – Obligations of the Usufructuary
Art. 583 – Obligations Before Enjoyment
Before using the property, the usufructuary must:
1. Inventory: Make a detailed list of property, appraising movables and describing immovables.
2. Security: Give a bond or guarantee to fulfill the usufruct obligations.
Rationale: Ensures the owner can claim damages if the usufructuary mismanages the property.
Art. 584 – Exceptions to Security
Who is exempt?
● Donor who reserved the usufruct in the property he donated.
● Parents as usufructuaries of their children’s property, unless the parents remarry.
Principle: Family trust or self-benefit scenarios don’t require security, recognizing inherent good faith in close
relations.
Art. 585 – Excuse From Security or Inventory
The usufructuary may be excused if no one will be injured by skipping inventory or security.
Key Idea: Flexibility based on circumstances. If skipping security doesn’t prejudice the owner, it is allowed.
Art. 586 – Consequences of Failing to Give Security
If the usufructuary doesn’t give security:
● Owner may place immovables under administration, sell movables, deposit bonds/cash in a bank.
● Interest or proceeds still go to the usufructuary.
● Owner may retain property as administrator until security is given.
Practical Rule: The usufructuary cannot simply refuse security; the law provides remedies for the owner.
Art. 587 – Limited Use Without Security
If the usufructuary hasn’t given security, he may still claim essential movables and housing (necessary for living
or vocation).
● Court may allow it under promise under oath.
● Owner may retain items of artistic or sentimental value, provided he gives security for legal interest.
Art. 588 – Commencement of Benefits
Once security is given, usufructuary acquires fruits and proceeds retroactively to the starting date of usufruct.
Principle: Security formalizes usufruct but does not penalize the usufructuary for prior delay.
Art. 589 – Standard of Care
● Must take care “as a good father of a family” (bona paterfamilias).
● Principle: Diligence and prudence in managing property.
Art. 590 – Liability for Substituted Persons
If usufructuary leases or alienates his right, he is liable for damages caused by substitute users.
Art. 591 – Usufruct of Livestock
● Must replace dead animals with offspring.
● Partial or total loss by accident or disease affects usufruct differently:
○ Partial loss → usufruct continues on surviving animals.
○ Total loss → return whatever remains.
● Sterile animals → treated as fungible property.
Arts. 592–595 – Repairs and Improvements
● Ordinary repairs → by usufructuary.
● Extraordinary repairs → by owner, usufructuary must notify.
● Owner may improve property if it does not diminish value or prejudice usufructuary.
Example: Usufructuary fixes roof (ordinary) → he pays. Owner builds new annex (extraordinary) → owner pays.
3. Taxes and Charges (Arts. 596–597)
● Usufructuary pays: annual charges, taxes on fruits, lien taxes.
● Owner pays: taxes on capital.
● Reimbursement or interest may apply.
4. Special Cases and Investments (Arts. 598–601)
● Whole patrimony usufruct → debt obligations apply like donations.
● Usufructuary may collect matured credits with security or authorization.
● Mortgaged immovable → usufructuary not liable for mortgage debt.
● Must notify owner of acts harming ownership; liable for negligence.
5. Litigation Costs (Art. 602)
● Usufructuary bears costs for suits involving usufruct, consistent with benefit derived.
CHAPTER 4 – Extinction of Usufruct (Arts. 603–612)
1. General Rule of Extinction (Art. 603)
Usufruct ends by:
1. Death of usufructuary (unless otherwise stated)
2. Expiration of term or resolutory condition
3. Merger of usufruct and ownership
4. Renunciation
5. Total loss of property
6. Termination of the right of grantor
7. Prescription
2. Partial Loss (Art. 604)
● Usufruct continues on surviving property.
Example: Half of vineyard destroyed → usufruct continues on remaining half.
3. Limits for Institutions (Art. 605)
● Usufruct for towns, corporations, associations → max 50 years.
4. Contingent Usufruct (Art. 606)
● Usufruct until a third person reaches a certain age → lasts full term, even if person dies early, unless
granted for existence of person.
5. Destruction and Insurance (Arts. 607–608)
● If building destroyed → usufructuary can use land/materials.
● Insurance → usufructuary enjoys interest or replacement building.
6. Expropriation (Art. 609)
● If property expropriated → owner must:
1. Replace property or
2. Pay usufructuary legal interest on indemnity (with security).
7. Misuse and Joint Usufruct (Arts. 610–611)
● Misuse → usufruct continues, but owner can demand property if injury significant.
● Multiple usufructuaries → continues until last survivor dies.
8. Return and Final Accounting (Art. 612)
● Usufructuary must deliver property at termination.
● Owner reimburses extraordinary expenses or taxes.
● Security/mortgage is canceled.
Principle: Ensures smooth transition back to owner