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Usufruct

The document discusses the concept of usufruct, which gives a usufructuary the right to temporarily enjoy and use property that belongs to another person called the naked owner. A usufructuary has rights to possess, use fruits, and make improvements to the property, but cannot sell or mortgage the property itself. The usufruct ends upon the death of the usufructuary, at which point the property returns to the naked owner.

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Omar sarmiento
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117 views2 pages

Usufruct

The document discusses the concept of usufruct, which gives a usufructuary the right to temporarily enjoy and use property that belongs to another person called the naked owner. A usufructuary has rights to possess, use fruits, and make improvements to the property, but cannot sell or mortgage the property itself. The usufruct ends upon the death of the usufructuary, at which point the property returns to the naked owner.

Uploaded by

Omar sarmiento
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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PROPERTY 2.

He may pledge or mortgage the


Usufruct (562-612) usufructuary right but cannot pledge
the thing itself.
-more than a lease
-the owner (naked owner) gives a right to i.e usufructuary – 1month but the lease id 2
usufructuary to enjoy the property of the month = Art 572 (terminate)
naked owner. -rights of the lessee = the usufructuary shall
-preserve the form and substance of the be made liable.
property Except for rural lands
-like the temporary owner of the property
but cannot exercise the rights of an owner -Useful and Luxurious improvements – YES
(cannot mortgage and sell the property) (obligation) to turn over the property to the
naked owner.
Elements:
1. Essential -Abnormal/Imperfect/Quasi-usufruct
a. Real right What if consumable thing: (food or wine) –
b. Temporary no distinction = what will be return (pay or
c. Enjoy the property return the same kind).
2. Natural – conserve and preserve
3. Accidental – stipulations of the -Alienation by Naked Owner
properties -Right to alienate
*it is not possible to alter the form and
Rights to: - possess, fruits, use substance that prejudicial to usufructuary
accessories, lease (cannot lease more by the naked owner. Bu he can sell the
than the period of usufruct), introduce property.
useful improvements without altering *is the buyer need to honor the usufruct: if
the form/substance, (no right of he is aware or the usufruct is registered
reimbursement but with limited right of (notice to the whole world) the buyer must
removal w/o causing damage to respect.
property). (set-off the improvements *will the heirs honor the usufruct (respect
against damages). the contract). – in case of succession
*hidden treasure (usufructuary as a
stranger and entitled for a part of it). Obligations of Usufructuary
(566) Art 583: (before entering must give
inventory and security) – not essential may
Rights to the things itself: be excused. Merely necessary for physical
-personally enjoy the thing possession.
-lease the thing to another *there could be usufruct w/o physical
possession
Right with reference to the usufructuary
right itself: *caucion juratoria – promise under oath to
1. He may alienate the usufructuary take care pf the property and return the
right. property.
*reimbursement for preservation and
extraordinary repairs (usufructuary is
entitled like roof repair due to typhoon).
-failed to reimburse = right of retention.

-the death of usufructuary – extinguished of


usufruct.

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