What are the obligations of the usufructuary?
The obligations of the usufructuary are
the following:
At the commencement of the usufruct
1. To make an inventory of the
property; and
2. To give the necessary security.
(Art. 583, CC)
During the pendency of the usufruct
1. To take care of the property as a
good father of a family (Art. 589, CC)
2. To make ordinary repairs on
the property (Art. 592, CC)
3. To notify the owner in case the need
for extraordinary repairs on the property is urgent (Art. 593, CC)
4. To pay the annual charges and taxes
and those considered as a lien on the fruits (Art.
596, CC)
5. To notify the owner of any act of a
third person that may be prejudicial to the right of ownership. (Art. 601, CC)
6. To pay the expenses, costs and
liabilities in suits with regard to the usufruct. (Art. 602, CC)
Upon the termination of the usufruct
His obligation upon the termination of
the usufruct is to deliver the thing to the owner, without prejudice to the
right of retention pertaining to him or his heirs for taxes and extraordinary
expenses which should be reimbursed. (Art.
612, CC)
When is the usufructuary excused from
the obligation of giving a bond or security?
There are 4 instances when the
usufructuary is excused from such obligation. They are:
1. When no one will be injured by the lack of a
bond or security (Art. 585, CC)
2. When the donor has reserved the usufruct of the
property donated (Art. 584, CC)
3. In case of parents who are usufructuaries of
their unemancipated children's property, except when the parents contract a
second marriage (Art. 584, CC)
4. In the case of usufructs subject to caucion
juratoria under Art. 587 of the Civil Code.
If the usufructuary incurs necessary,
useful and ornamental expenses, what are his rights?
The
usufructuary shall have the right to demand reimbursement from the owner
of all necessary expenses which he might have incurred for the preservation of
the property. This right, however, is not available to him with regard
to useful and ornamental expenses, but he may remove the improvements
provided that it is possible to do so without damage to the property. In
addition, he may set off such improvements against any damage to the same.
(Arts. 546, 579, 580, CC)
In usufructs, who are responsible for
repairs and taxes?
In case of repairs, we must
distinguish. As far as ordinary repairs, or those required by the wear and tear
due to the natural use of the thing and are indispensable for its preservation
are concerned, the usufructuary is responsible; however, as far as
extraordinary repairs, or those which are neither required by the wear and tear due to the natural use of the thing and
are indispensable for its preservation are concerned, the naked owner is
responsible (Arts. 592, 593, CC)
In case of taxes,
again, we must distinguish. As far as those imposed upon or which constitutes a
lein on the fruits are concerned, the usufructuary is responsible;
however, as far as those imposed directly on the thing or capital itself are
concerned, the naked owner is responsible (Arts. 596, 597, CC)
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