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Property Title VII Usufruct

Page: 181

Section: 1419 - 1425

Section 1419.- If property is destroyed without compensation being paid, the owner is not bound to restore it ; but, if he does so to any extent, the usufruct revives to that extent.

If any compensation is paid, the owner or the usufructuary must restore the property so far as it is possible to do so, having regard to the amount of the compensation received, and the usufruct revives to that extent ; but, if restoration is impossible, the usufruct comes to an end and the compensation must be divided between the owner and the usufructuary in proportion to the damages suffered by them respectively.

The same rule applies mutatis mutandis in case of expropriation as well as in case of partial destruction of the property or of partial impossibility to restore the property.


Section 1420.- When usufruct comes to an end, the usufructuary must return the property to the owner.

The usufructuary is liable for the destruction or depreciation in value of the property, unless he proves that the damage was not caused by his fault.

He must replace anything which he has wrongfully consumed.

He is not bound to give compensation for depreciation in value caused by reasonable use.


Section 1421.- The usufructuary must, in the exercise of his rights, take as much care of the property as a person of ordinary prudence would take of his own property.


Section 1422.- Unless otherwise provided in the act creating the usufruct, the usufructuary may transfer the exercise of his right to a third person. In such case the owner of the property may sue the transferee direct.


Section 1423.- The owner may object to any unlawful or unreasonable use of the property.

If the owner proves that his rights are in peril, he may demand security from the usufructuary, except in the case of a donor who has reserved to himself the usufruct of the property given.

If the usufructuary fails to give security within a reasonable time fixed for the purpose, or if, in spite of the owner’s objection, he continues to make use of the property unlawfully or unreasonably, the Court may appoint a Receiver to manage the property in his stead. Upon security being given the Court may release the Receiver so appointed.


Section 1424.- The usufructuary is bound to keep the substance of the property unaltered, and is responsible for ordinary maintenance and petty repairs.

If important repairs or measures are necessary for the preservation of the property, the usufructuary must forthwith inform the owner thereof and permit them to be carried out. In case of default by the owner, the usufructuary may have the work carried out at the owner’s expence.


Section 1425.- All extraordinary expenses must be borne by the owner, but in order to meet these or expenses coming under the foregoing section he may realise part of the property unless the usufructuary is willing to advance the necessary funds without charging interest.