Usufruct

Define usufruct

Usufruct is a real right by virtue of which a person is given a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides (Art. 562, CC)

Requisites of usufruct

1. The right to enjoy the property of another (essential requisite)

2. The obligation of preserving the form and substance of such property. (accidental requisite)

The latter is accidental because the title constituting the usufruct or the law may otherwise provide, as in the case of abnormal usufruct.

Usufruct vs. Ownership

While ownership has for its attributes: (1) the right to enjoy, (2) the right to dispose, and the right to vindicate or recover property, usufruct is limited merely to the enjoyment of the property.

Usufruct vs Lease

1. As to nature of right - Usufruct is always a real right, whereas lease becomes a real right only when registered.

2. As to constitution - Usufruct is constituted by law, by the will of private persons express in acts inter vivos or in a last will and testament, and by prescription, whereas lease is as a rule constituted by contract.

3. As to the person constituting it - In usufruct, the person constituting it is the owner, whereas in lease, the person constituting need not be the owner.

4. As to extent - Usufruct includes the right to use and to enjoy the fruits of the thing, whereas lease is more limited.

5. As to repairs - The usufructuary is responsible for ordinary repairs, whereas the lessee is not.

6. As to taxes - The usufructuary is responsible for taxes on the fruits, whereas in lease the lessee is not

How may usufruct be constituted?

Usufruct is constituted 

1. by law, 

2. by the will of private persons expressed in acts inter vivos or in a last will and testament, 

3. by prescription. (Art. 563, CC)

Extent

Usufruct may be constituted on the whole or a part of the fruits of the thing, in favor of one more persons, simultaneously or successively, and in every case from or to a certain day, purely or conditionally. It may also be constituted on a right, provided it is not strictly personal or intransmissible. (Art. 564, CC)

Rules governing a usufruct

The rights and obligations of the usufructuary shall be those provided in the title constituting the usufruct; in default of such title, or in case it is deficient, the provisions contained in the two following Chapters shall be observed. (Art. 565, CC)