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Property Title V Habitation

Page: 179

Section: 1399 - 1409

Section 1399.- Servitude is extinguished by non-usage for ten years.


Section 1400.- Servitude is extinguished if it has ceased to benefit the dominant property ; but it revives if the condition of things becomes such that the servitude can be enjoyed again, provided that the period of prescription specified in the foregoing section has not elapsed.

Where the servitude is still of some benefit to the dominant property, but the benefit is of little importance as compared with the burden on the servient property, the owner of the servient property may, by payment of compensation, obtain a total or partial relief from the servitude.


Section 1401.- Servitude may be acquired by prescription. The provisions concerning acquisitive prescription as described in Title III of this Book shall apply mutatis mutandis.





Section 1402.- A person, who has been granted a right of habitation (arsai) in a building, is entitled to occupy such building as a dwelling place without paying rent.


Section 1403.- A right of habitation may be created either for a period of time or for the life of the grantee.

If no time has been fixed, such right may be terminated at any time by giving reasonable notice to the grantee.

If it is granted for a period of time, the period may not exceed thirty years ; if a longer period is stipulated, it shall be reduced to thirty years. The grant may be renewed for a period not exceeding thirty years from the time of renewal.


Section 1404.- The right of habitation is not transferable even by way of inheritance.


Section 1405.- Unless the right of habitation is expressly limited to be for the benefit of the grantee personally, the members of his family and his household may dwell with him.


Section 1406.- Unless expressly forbidden by the grantor, the grantee may take such natural fruits or products of the land as are necessary for the needs of his household.


Section 1407.- The grantor is not bound to maintain the property in a good state of repair.

The grantee cannot claim reimbursement of expenses made by him for improvement to the property.


Section 1408.- When the right of habitation comes to an end the grantee must return the property to the grantor.


Section 1409.- The provisions of the Code concerning Duties and Liabilities of the Hirer, as specified in Sections 552 to 555, Sections 558, 562 and 563 shall be applied mutatis mutandis.