USUFRUCT (ART 562-612)

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

Object of usufruct (RRS/U)

1. Rights
2. Real/personal property
3. Sterile/unproductive thing
Characteristics
1. Essential (RTD)
a. Real Right
b. Temporary duration
c. Derive all advantages from the thing due to normal exploitation
2. Natural
a. Includes only the right to use and right to the fruits
b. obligation of preserving its form and substance
reason- to prevent extraordinary exploitation, abuse, impairment
3. Accidental dependent on the stipulation of both parties
Ownership vs Usufruct
While ownership has for its attributes the (1) right to enjoy (jus utendi, jus fruendi,
jus abutendi); (2) right to dispose (jus disponendi); and right to vindicate or recover
property (jus vindicandi), usufruct is limited merely on the right to enjoy, that include
only the right to use (jus utendi) and to the fruits (jus fruendi).
Usufruct vs Lease
As to the nature of right, usufruct is a real right while lease becomes only a real right
when registered.
As to constitution, usufruct is constituted by law, by the will of the private person
express in acts inter vivos or in a last will and testament.
As to the person constituting it, in usufruct, the person constituting it is the owner while
in lease it may not be the owner.
As to extent, usufructs covers all the fruits and uses as a rule while lease covers only a
particular or specific use.
As to repairs, the usufructuary is responsible for ordinary repairs while the lessee is not.
As to taxes, the usufructuray is responsible for taxes on the fruits while lease is not.
Article 563 : How may usufruct be constituted?
Usufruct is constituted by law, by the will of private person expressed in
acts inter vivos, by the will of private person expressed in the last will and testament,
and by prescription.
Article 564: Classification of usufruct
a. By persons enjoying the right of usufruct
1) Simple if only one usufructuary enjoys the property
2) Multiple if several usufructuary enjoys the property
- Simultaneous at the same time
- Successive one after the other
b. By object of usufruct
1) Right

1.a) Must not be strictly personal or intransmissible

1.b) Over real rights is by itself real rights
1.c) Right to receive present and future support cannot be the object of
usufruct
2) Things
2.a) Normal non-consumable things
2.b) Abnormal consumable things, non-consumable that gradually
deteriorates
c. By extent of the usufruct
1) As to fruits Total, Partial
2) As to objects Singular, Universal
d. By
1)
2)
3)

terms or conditions
Pure no terms/conditions
Conditional either suspensive or resolutory
With term or period
Ex die from a certain day
In diem up to a certain day
Ex die in diem from a certain day up to certain day

Article 565
Rules governing a usufruct
1) Agreement between parties
2) Law in the civil code
- In case of conflict, agreement should prevail unless repugnant to the
mandatory provisions of the CC.
Who shall be entitled to the natural, individual and civil fruits of the property in usufruct?
Article 566: The usufructuary shall be entitled to all the natural, industrial and civil fruits
of the property in usufruct. With respect to hidden treasure which may be found on the
property, he shall be considered a stranger, unless he is also the finder of the treasure.
Special rules with respect to natural and industrial fruits
Article 567:
1) Natural or industrial fruits growing at the time the usufruct begins, belong to
the usufructuary. In this case, such usufructuary has no obligation to refund to the owner
any expenses incurred.
2) Those growing at the time the usufruct terminates, belong to the owner. In this
case, such owner shall be obliged to reimburse at the termination of the usufruct, from
the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed and
other similar expenses incurred by the usufructuary.
Special rules with respect to civil fruits
Article 569: Civil fruits are deemed to accrue daily and belong to the usufructuary in
proportion to the time the usufruct may last. Thus:
1) If the usufructuary has leased the property