When is usufruct extinguished?
Usufruct is
extinguished:
1) By the death
of the usufructuary, unless a contrary intention clearly appears;
2) By the expiration
of the period for which it was constituted, or by the fulfillment of any
resolutory condition provided in the title creating the usufruct;
3) By merger of
the usufruct and ownership in the same person;
4) By renunciation
of the usufructuary;
5) By the total
loss of the thing in usufruct;
6) By the termination
of the right of the person constituting the usufruct;
7) By prescription. (Art
603, Civil Code)
What is the effect if
the thing given in usufruct is partially lost?
If the thing given in
usufruct should be lost only in part, the right shall continue on the remaining
part. (Art 604, Civil Code)
Can usufruct be constituted in favor of
towns, corporations or associations for more than 50 years?
Usufruct
cannot be constituted in favor of a town, corporation, or association for more
than fifty years. If it has been constituted, and before the expiration of such
period the town is abandoned, or the corporation or association is dissolved,
the usufruct shall be extinguished by reason thereof. (Art 605, Civil
Code)
What is the effect if
a third person is granted a usufruct for elapsed time before he attains a
certain age and that person dies before the period expires? Exception.
A
usufruct granted for the time that may elapse before a third person attains a
certain age, shall subsist for the number of years specified, even if the third
person should die before the period expires, unless such usufruct has been
expressly granted only in consideration of the existence of such
person. (Art 606, Civil Code)
Usufruct on a
building and/or land
If
the usufruct is constituted on immovable property of which a building forms
part, and the latter should be destroyed in any manner whatsoever, the
usufructuary shall have a right to make use of the land and the materials.
The
same rule shall be applied if the usufruct is constituted on a building only
and the same should be destroyed. But in such a case, if the owner should wish
to construct another building, he shall have a right to occupy the land and to
make use of the materials, being obliged to pay to the usufructuary, during the
continuance of the usufruct, the interest upon the sum equivalent to the value
of the land and of the materials. (Art 607, Civil Code)
Payment of insurance
on tenement held in usufruct
If
the usufructuary shares with the owner the insurance of the tenement given in
usufruct, the former shall, in case of loss, continue in the enjoyment of the
new building, should one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.
Should
the usufructuary have refused to contribute to the insurance, the owner
insuring the tenement alone, the latter shall receive the full amount of the
insurance indemnity in case of loss, saving always the right granted to the
usufructuary in the preceding article. (Art 608, Civil Code)
Rules in case of
expropriation
Should
the thing in usufruct be expropriated for public use, the owner shall be
obliged either to replace it with another thing of the same value and of
similar conditions, or to pay the usufructuary the legal interest on the amount
of the indemnity for the whole period of the usufruct. If the owner chooses the
latter alternative, he shall give security for the payment of the
interest. (Art 609, Civil Code)
Effect of bad use of
property held in usufruct
A
usufruct is not extinguished by bad use of the thing in usufruct; but if the
abuse should cause considerable injury to the owner, the latter may demand that
the thing be delivered to him, binding himself to pay annually to the
usufructuary the net proceeds of the same, after deducting the expenses and the
compensation which may be allowed him for its administration. (Art 610,
Civil Code)
When shall a multiple
usufruct be extinguished?
A
usufruct constituted in favor of several persons living at the time of its
constitution shall not be extinguished until death of the last
survivor. (Art 611, Civil Code)
Rights and
obligations upon termination of usufruct
Upon
the termination of the usufruct, the thing in usufruct shall be delivered to
the owner, without prejudice to the right of retention pertaining to the
usufructuary or his heirs for taxes and extraordinary expenses which should be
reimbursed. After the delivery has been made, the security or mortgage shall be
cancelled. (Art 612, Civil Code)
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