Title Vi Usufructuary
Title Vi Usufructuary
Usufruct right to enjoy anothers property with correlative duty of preserving its form and
substance
1.
things movable/immovable
2.
rights provided it is not strictly personal
Kinds:
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2.
3.
4.
5.
6.
7.
8.
9.
10.
1.
2.
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11.
12.
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14.
15.
16.
17. Right to introduce useful & luxurious expenses but with no obligation of reimbursement on part
of owner; may remove improvement if can be done w/o damage
18. Right to set-off improvements against damages he made against the property
19. Right to administer when property is co-owned; if co-ownership cease usufruct of part
allotted to co-owner belongs to usufructuary not affected
20. Right to demand the increase in value of property if owner did not spend for extraordinary
repairs when urgent & necessary for preservation of thing
Alienate thing
Cant alter form or substance
Cant do anything prejudicial to usufructuary
Construct any works Y make any improvement provided it does not diminish value or usufruct
or prejudice right of usufructuary
Obligations of usufructuary:
1.
Pay expenses to 3rd persons for cultivation & production at beginning of usufruct; whose who
have right to fruits should reimburse expenses incurred
2.
Generally, usufructuary has no liability when due to wear & tear, thing deteriorates, obliged to
return in that state; except when there is fraud or negligence, then he shall be liable
3.
Before entering into usufructuary::
Posting of security
1.
2.
not applicable to parents who are usufructuary of children except when 2 nd marriage contracted
excused allowed by owner, not required by law or no one will be injured
failure to give security: owner may demand that:
1.
2.
3.
4.
5.
Obligations of owner
1.
2.
3.
4.
5.
extraordinary expenses; usufructuary obliged to inform owner when urgent is the need to make
them
expenses after renunciation of usufruct
taxes & expenses imposed directly on capital
if property is mortgaged, usufructuary has no obligation to pay mortgage; if attached, owner to
be liable for whatever is lost by usufructuary
if property is expropriated for public use owner obliged to either replace it or pay legal
interest to usufructuary of net proceeds of the same
Extinguishment of usufruct
1.
2.
3.
4.
5.
6.
7.
materials
both share in insurance if both pays premium; if only owner then proceeds will go to owner
only
effect if bad use of the thing owner may demand the delivery of and administration of the
should be reimbursed
security of mortgage shall be cancelled