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CHARACTERISTICS
- real right
- of temporary duration
- authorizing its holder - to enjoy all the benefits which results from normal
enjoyment (exploitation) of another's property
with obligation to return at the designated, either the same time, or in some
cases, its equivalent.
ESSENTIAL ELEMENTS
- real right (whether it is registered or not)
- temporary nature or duration
- purpose - enjoy the benefits and derive all advantages from object as a
consequence of normal use
OBJECT OF USURFRUCT
- real or personal
- sterile or productive
- may be created over a right, as long it is not strictly personal or
intransmissible, and as long it has its independent existence
CLASSIFICATION
A. ORIGIN
1. legal - usufruct on property of unemancipated children
2. voluntary/conditional - will of parties (donation inter vivos or donation mortis
causa)
3. mixed - law or act (prescription)
B. QUANTITY/EXTENT
- fruits (full or partial)
- objects (universal, over entire patrimony) or (particular, only individual thing)
- single or multiple (successively or simultaneously)
- things (normal/perfect/regular) or (abnormal/imperfect/irregular/quasi-usufruct)
- terms or conditional (pure or with condition)
RIGHTS OF USUFRUCTUARY
1. ENTITLED TO RECEIVE FRUITS (nic) AND TO ITS BENEFITS
as to hidden treasures, so long as he's not a finder, he is a stranger
fruits; NIC (accrues during existence of usufruct)
as to pending fruit -
natural and industrial - growing at the time usu begins - belongs to USU
those growing at the us terminates - to REMAINDERMAN
if USU leased land in usufruct, leasee shall exipire at the end or before usufruct,
he or his heirs or successors, receive proportionate share of rents paid by lessees
XPN: rural land leases (respect at the end of agricultural year)
USU - right to enjoy any increase in thing in usufruct may acquire through
accession, servitudes, and other inherent benefits to property
USU - may personally enjoy thing in usufruct, lease it to another, alienate his
right of usufruct, even by gratuitous but all ocntract, he may enter shall
terminate at the end or before end of usufruct XPT rural land leases
USU may make on property held in usufruct, such useful improvements or expenses for
mere pleasure as may deem proper, provided he does not alter form or substance. No
right to be indemnified, but he may remove them as long removal would not cause
injury to the property in usufruct, or may set-off improvements against damages for
which he may be liable
Naked owner of property of usufruct of which is held of another, may alienate it,
but he cannot alter form or substance or do any thing which may prejudice the
usufruct.
USU of a part of a thing held in common shall exercise all the rights pertaining to
the owner, respecting administration and collection of fruits or interest. Should
co-ownership cease - partition, usufruct of a part allowed to the co-owner shall
belong to usufructuary.
USU before entering upon enjoyment of property, obliged to make, after notice to
owner or legit rep, INVENTORY of all property, which shall contain APPRAISAL of mov
and PRESCRIPTION of condition of immov, and GIVE SECURITY. binding himself to
fulfil obli imposed upon him. (NOT NECESSARY FOR USUFRUCT TO BEGIN)
USU whatever may be the title of usufruct, may be excused from obligation making
inventory or giving security when no one will be injured
should USU fail give security in cases he is bound, owner may demand immovables
placed under admin, movable be sold, bonds, credits and instruments (converted into
registered certificates) deposited into banks.
or if he prefer OWNERS, until USU gives security, retains possession as admin, and
deliver to USU net proceeds after deducting the sum which may be agreed upon or
judicial allowed him for such admin
rights of usufructuary
- lease the thing generally, for the same or shorter period as the usufruct
- improve the thing without altering the substance
- right to set-off improvements he may have on the property against any damage to
the same
- right to LEASE the property held in usufruct without consent to the remainder,
but subject to limitation, that the lease or other contracts usufructuary will
enter will terminate at the expiration of the usufruct, or before it. COTERMINOUS
- right to IMPROVE the thing held in usufruct without altering its form and
substance
- right to SET-OFF improvements which may have on property against damage which may
be due
- right to retain the thing until he is reimbursed for advances and EXTRAORDINARY
expenses and taxes on capital
- right to COLLECT reimbursement from the owner for indispensable and extraordinary
repairs, taxes on capital he had advanced and damages caused to him
- right to REMOVE improvements made by him provided that it will not cause injury
to the property held in usufruct
- right to ask AUTHORITY and PROOFS from the owner for recovery of the property
held in usufruct in cause of unlawful deprivation