Rights and Obligations Of Usufructuary
What is Usufructuary?
Allowing one to enjoy another’s property with the obligation to preserve the same is called usufruct
Usufruct is basically a contract
The one who is to enjoy another’s property with the obligation to preserve the same is called a usufructuary
What are the rights of the usufructuary as to the thing and its fruits? 1. To Receive the fruits of the property in usufruct and half of the hidden treasure he accidentally finds on the property (Arts. 566, 438, NCC) 2. To enjoy any Increase which the thing in usufruct may acquire through accession (Art. 571, NCC) 3. To personally Enjoy the thing or lease it to another (Arts. 572-‐577, NCC) generally for the same or shorter period as the usufruct 4. To make such Improvements or expenses on the property he may deem proper and to remove the improvements provided no damage is caused to the property (Art. 579, NCC) 5. To Set-‐off the improvements he may have made on the property against any damage to the same (Art. 580, NCC) 6. To Retain the thing until he is reimbursed for advances for extraordinary expenses and taxes on the capital (Art. 612, NCC) 7. To Collect reimbursements from the owner for indispensable extra ordinary repairs, taxes on the capital he advanced, and damages caused to him 8. To Remove improvements made by him if the same will not injure the property What are the rights of the usufructuary as to the usufruct itself? a. To Alienate or mortgage the right of usufruct (Art. 572, NCC) XPN: parental usufruct (Arts. 225, 226 FC) b. In a usufruct to Recover property/real right, to bring the action and to oblige the owner thereof to give him the proper authority and the necessary proof to bring the action (Art. 578, NCC) c. In a usufruct of part of a Common property, to exercise all the rights pertaining to the co-‐owner with respect to the administration and collection of fruits or interests. How is usufruct extinguished? 1. Acquisitive Prescription Note: the use by a third person and not the non-‐use by the usufructuary 2. Total Loss of the thing Note: if the loss is only partial, the usufruct continues with the remaining part. 3. Death of the usufructuary; unless a contrary intention appears. Reason: Usufruct is constituted essentially as a lifetime benefit for the usufructuary or in consideration of his person. 4. Termination of right of the person constituting the usufruct 5. Expiration of the period or fulfillment of the resolutory condition 6. Renunciation by the usufructuary. Note: it partakes the nature of a condonation or donation, it must comply with the forms of donation. 7. Merger of the usufruct and ownership in the same person who becomes the absolute owner thereof. (Art. 1275, NCC)