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USUFRUCT
Gives the right to enjoy the property of another with the obligation of preserving its form substance, unless the title constituting it or the law otherwise provides (Art. 562) Three fundamental rights pertaining to ownership 1. Jus disponendi disponendi – right to dispose 2. Jus utendi – right to use 3. Jus fruendi fruendi – right to the fruits
Note: The combination of Nos. 2 and 3 is called USUFRUCT; No. 1 or the power to alie encumber, transform, and even destroy is the essence of NAKED OWNERSHIP. Formula: 1. Full Ownership = Naked Ownership PLUS Usufruct; 2. Naked Ownership = Full Ownership MINUS Usufruct; and 3. Usufruct = Full Ownership MINUS Naked Ownership.
CHARACTERISTICS: 1. Real right (whether registered in the Registry of Property or not) 2. Of temporary duration 3. To derive all advantages from the thing due to normal exploitation 4. May be constituted on real or personal property, consumable or non-consum tangible or intangible, the ownership of which is vested in another 5. Transmissible CLASSIFICATION OF USUFRUCT
As to Origin: 1. Legal – created by law such as usufruct of the parents over the property of unemancipated children 2. Voluntary – created by will of the parties either by act inter vivos such as donation act mortis causa such as in a last will and testament 3. Mixed – acquired by prescription such as when believing himself to be the owner o property of an absentee, gave in his will the usufruct of the property for the requ prescriptive period to his wife, who possessed it in good faith as usufructuary, naked ownership to his brother. As to quantity or kind of object: 1. Total; 2. Partial (whether all the fruits are given or not)
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1. Over rights; and 2. Over things As to whether or not impairment of object is allowed 1. Normal (or perfect or regular) 2. Abnormal (imperfect or irregular) As to terms or conditions 1. Pure; 2. With a term or period; a. Ex die – from a certain day b. In diem – up to a certain day c. Ex die in diem – from a certain day up to a certain day 3. Conditional RULES GOVERNING USUFRUCT: 1. First, the agreement of the parties or the title giving the usufruct 2. Second, in case of deficiency, apply the Civil Code
In case of conflict between the rights granted a usufructuary by virtue of a will, and a provision, the former, unless repugnant to the mandatory provisions of the Civil C should prevail. (Fabie vs. Gutierrez 75 Phil. 546) Normal Usufruct and Abnormal Usufruct distinguished
You're Reading a Preview Normal Usufruct Abnormal Usufruct Unlock full access with a free trial. That which involves non-consumable things That which involves things which woul which the usufructuary can enjoy without useless to the usufructuary unless they Download Free Trialor expended, such as money, g altering their form or substance, though theyWith consumed may deteriorate or diminish by time or use liquors, etc.
General Rule: Usufructuary is bound to preserve the form and substance of the thin usufruct.
Exception: Abnormal usufruct whereby the law or the will of the parties may allow modification of the substance of the thing
Nature of Right
Usufruct and Lease Distinguished Usufruct Lease Sign up to vote on this title Always a real right a personal Useful Generally Not useful (only becomes a real when registered)
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Repairs and Taxes
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passive owner who allows the usufructuary to enjoy the object given in usufruct Usufructuary pays for ordinary repairs (for extraordinary, must first notify the owner) and taxes on the fruits (vs. real property taxes wherein it should be the owner who will pay…taxes on the capital itself)
owner or lessor who m the lessee to enjoy
Lessee is not generally u obligation to unde repairs or pay taxes (As a repairs should be borne b lessor… vs. reality….. stipulation in the contract)
SPECIAL USUFRUCTS: 1. On Rent, Pension or Benefits (Art. 570) - When usufruct constituted on the right to receive rent, pension or interest on bo or securities or any other benefits, every payment or benefits shall be consid CIVIL fruits, which accrue daily. Thus, they belong to the usufructuary in propo to the time the usufruct lasts. - Payments and benefits that accrue after the termination of the usufruct belong t owner.
2. Over things which gradually deteriorate (Art. 573) - This article deals with ABNORMAL OR IMPERFECT USUFRUCT. It deals things that deteriorate much faster than others (such as clothes, vehicles, comput You're Reading a Preview Unlock full access with a free trial.
Effect of the deterioration on the usufructuary’s liability:
DownloadUSE, Withthe Free Trial a. If deterioration is due to NORMAL usufructuary is not responsible. He return them in the condition they might be in at the termination of the usufruct. The no necessity for him to make any repairs or to restore them in their former condition after all, they can be preserved without the necessity of repairs. Failure to return thing will result in indemnification for the value the object may have at the end o usufruct. b. If deterioration is due to an event or act that endangers their preservation, then though there was no fault or negligence or fraud on the part of the usufructuary, h still required under Art. 592 to make the NECESSARY OR ORDINARY REPAIRS. c. If deterioration is due to fraud (dolo incidente or fraud amounting to an evasion o obligation to preserve) or negligence, the usufructuary forthis damages Sign upistoliable vote on title - Such liability, however, may be set-off against improvements he may have m Useful the Not useful (Art. 580)
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If there was no appraisal, return the same kind, quality, or quantity o must pay the price current at the termination of the usufruct.
4. On vineyards and woodlands (Art. 575) - The usufructuary can use the dead trunks and those cut off or uprooted by accid BUT he must REPLACE them with new plants. Reason: the usufructuary has the obligation to preserve the form or substance o property in usufruct (Art. 562)
Note: no such obligation with respect to those dead trees or shrubs already existing at beginning of the usufruct -
Effect of a calamity on the trees and shrubs:
a. If it is impossible or too burdensome to replace them, the usufructuary either use the trunks but should replace them; OR leave the dead, fa uprooted trunks at the owner’s disposal , and demand that the latter them and clear the land. b. If it is slightly burdensome to replace them, he must replace them (wheth uses the trunks or not), and he cannot demand clearance of the land by owner.
In case of usufruct over a woodland or consists of TIMBER for building , in cuttin feeling the trees, he must
You're Reading a Preview a. Follow the owner’s habit or practices; Unlock full access with a free trial. b. In default thereof, the customs of the place as to MANNER, AMOUNT, and SEASON c. If there be no customs, the only time the usufructuary can cut down trees will be Download Free Trial REPAIR or IMPROVEMENT owner must first be informed. , but the With
5. On a right to recover by court action (Art. 578) -
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Involves the recovery of real, personal or real right over real or personal property The usufructuary can demand from the owner: a. Authority to bring the action (through SPA); and b. Proofs needed to recover. The action may be instituted in the usufructuary’s name, subject to the following a. If the purpose is the recovery of the property or right, he is still require obtain the naked owner’s authority. Sign up to vote on this title b. If the purpose is to object to or prevent disturbance property, no sp useful Useful over Notthe authority from the naked owner is needed.
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b. Collection of fruits or interest. (But not as to alienation, disposition or creatio any real right over the property since these are strict acts of ownership, unle course he is authorized by the naked owner.)
Effect of partition - The right of usufructuary is not affected by the division but is limited to the frui said part allotted to the co-owner.
a. The usufructuary continues to have the usufruct of the part allotted to the co-ow concerned; b. If the partition was done without the intervention of the usufructuary, the part binds the usufructuary however, the naked owner must respect the usufruct.
7. Of cattle (livestock) (Art. 591) -
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There is obligation to replace: a. If some animals die from natural causes; or b. If some animals are lost due to rapacity of beasts of prey. There is NO obligation to replace: a. If there is total loss of the animals because of some UNEXPECTED UNNATURAL loss; b. If there is a partial loss. In case of sterile animals, since there are no youngs, the rule of usufruct fungibles applies. (Art. 574) You're Reading a Preview
Unlock full access with a free trial. 8. Over the entire patrimony (Art. 598) - In case of a UNIVERSAL usufruct, as when the usufruct involves the e With Free Trial Arts. 758 and 759 shall be app patrimony, some objectsDownload of which are mortgaged, Thus, if no stipulation for payment by the usufructuary is made, and the usu was not created to defraud creditors, the usufructuary has NO DUTY to pay of debts.
9. On mortgaged property (Art. 600) - The usufructuary of MORTGAGED immovable shall not be obliged to pay the for the security of which the mortgage was constituted. - Should the immovable be attached or sold judicially for the payment of the debt owner shall be liable to the usufructuary for whatever the latter may lose by re thereof. Sign up to vote on this title Useful Not useful Note: Art. 600 can also apply, by analogy, to a pledged movable, provided that the movab in the usufructuary’s possession
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2. Pennsylvania rule – declares that all earnings of the corporation made prior to the dea the testator stockholder belong to the corpus of the estate, and that all earnings declare dividends in whatever form, made during the lifetime of the usufructuary or life of tenant.
Pennsylvania rule is more in accord with our statutory laws. (Bachrach vs. Seifert, G.R. N 2659, October 12, 1950) -products (e.g. minerals extracted from mines) which diminish capital are not to be treate fruits since it is the obligation of the usufructuary to preserve the form and substance o property unless the contrary is provided. Rules on PENDING NATURAL or INDUSTRIAL FRUITS (Art. 567) 1. Fruits pending at the BEGINNING of usufruct: a. Belong to the usufructuary; b. No necessity of refunding owner for expenses incurred; c. BUT without prejudice to the right of third persons
2. Fruits pending at the TERMINATION of usufruct: a. Belong to the OWNER; b. BUT the owner must reimburse the usufructuary for ordinary cultivation expe and for the seeds and similar expenses from the proceeds of the fruits; c. Rights of innocent third parties should not be prejudiced.
Note: If the expenses are greater than the proceeds of the fruits, the owner has no obligatio reimburse the difference (Reason: there is/are no proceeds of fruits from which the expe should be paid). You're Reading a Preview Unlock full access with a free trial. B. To the half of the hidden treasure he accidentally finds
Download With Freeentitled Trial as owner, - BUT is entitle The usufructuary, not being the landowner, is not finder to one-half of the treasure. If somebody else is the finder, the usufructuary nothing. (4 Manresa 386-387)
C. To enjoy any increase through accessions and servitudes (Art. 571) Reason: Usufruct covers the entire jus fruendi and the entire jus utendi.
D. To lease the thing, generally, for the same or shorted period as the usufruct (Art. 572 -
He may lease the THING to another, even without consent Sign up the to vote on this of titlethe owner The lease must not extend to a period longer theuseful usufruct, unless UsefulthatofNot than owner consents. Thus, the lease ends at the time the usufruct ends, SAVING le for rural lands, which shall be considered as subsisting during the agricultural ye
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F. Right to set-off the improvements he may have made on the property against damage to the same (Art. 580) -Requisites before Set-Off can be made: 1. Damage must have been caused by the usufructuary. 2. Improvements must have augmented the value of the property.
Rules: 1. If damages exceed the value of the improvements, usufructuary is still liable fo difference; 2. If the value of the improvements exceeds damage, the difference does not go t usufructuary, but accrues in favor of the naked owner, in the absence of stipul to the contrary.
G. To retain the thing until he is reimbursed for advances for extraordinary expenses taxes on the capital H. To collect reimbursements from the owner for indispensable extraordinary repairs, on the capital he advanced, and damages caused to him. I.
To remove improvements made by him if the same will not injure the property
-
As to usufruct itself: A. To mortgage the right of usufruct except parental usufruct BUT he cannot pledge or mortgage the THING itself because he does not own thing (Art. 2085[2]) You're Reading a Preview B. To alienate the usufructuary right. full access with a free trial. C. To bring action andUnlock oblige owner thereof to give him proper authority necessary proof in a usufruct to recover property or a real right. (Art. 578) Download With Free Trial
At the expiration of the usufruct: A. To collect reimbursement from the owner: i. For indispensable extraordinary repairs made by the usufructuary 593) ii. For taxes on the capital advanced by the usufructuary (Art. 597) iii. For damages caused by the usufructuary iv. For the payment of increase in value of the immovable by reaso repairs provided he notified the owner of the urgency of the repairs the owner failed to make repairs notwithstanding such notification; the repair is necessary for the preservation theonproperty Sign up toof vote this title “increase in value” – difference between value after the repairs Not useful Usefulthe completed
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In a usufruct, only the jus utendi and jus fruendi over the property are transferr the usufructuary. The owner of the property maintains the jus disponendi power to alienate, encumber, transform, and even destroy the same (Hemede CA, G.R. No. 107132, October 8, 1999) Corollary to the right to all the rents, to choose the tenant, and to fix the amou the rents, a usufructuary of the rents has the right to choose himself as the ten provided that the obligations he has assumed towards the owner of the property fulfilled (Fabie vs. Gutierrez David, G.R. L-123, December 12, 1945)
OBLIGATIONS OF THE USUFRUCTUARY A. Before exercising the usufruct: 1. To make an inventory of the property (Art. 583)
Note: The inventory is a mere condition to be complied with before the usufruct may enter into possession and enjoyment of the property
Requirements: a. The owner must be previously notified b. The condition of the immovable must be described c. The movables must be appraised d. As a rule, no form is required, except that when there are real properties (See 1358) e. Expenses are to be borne by the usufructuary - When inventory is not required: a. When no one will be You're injuredReading thereby,a provided Preview the naked owner consents b. In case of waiver by the naked owner or the law or when there is stipulation Unlock full access with a free trial. will or contract.
Download With Free Trial 2. To give a bond, EXCEPT a. When no prejudice would result b. Waiver by the naked owner c. When the usufructuary is the DONOR of the property who has reserved the usufr d. When there is a parental usufruct, i.e. in the case of parents who are usufructuaries of their children’s property. e. In cases of CAUCION JURATORIA (Art. 587) – a sworn duty to take good care o property and return the same at the end of the usufruct. It takes place of the bon security and is based on necessity and humanity.
- Requisites before Caucion Juratoria is allowed: Sign up to vote on this title i. Proper court petition Useful Not useful ii. Necessity for delivery of furniture, implements or house included in the usufruct iii. Approval of the court
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Effects of failure to give security (unless exempted) 1. On the rights of the naked owner a. He may DELIVER the property to the usufructuary; OR b. He may CHOOSE retention of the property as administrator; OR c. He may DEMAND receivership or administration (by another) of the real prop sale of movable, conversion or deposit of credit instruments, or investment of cas profits d. He may DEMAND that the movable be sold e. He may demand that the credit instrument be CONVERTED into regular certif of deposit f. He may demand that the cash and credits be INVESTED
2. On the rights of the usufructuary a. He cannot possess the property till he receives security; b. He cannot administer the property, hence, he cannot execute a lease thereon; c. He cannot collect credits that have matured, nor invest them unless the Cou naked owner consents; d. BUT the usufructuary can alienate his right to the usufruct. The grantee ma course possess, the moment he gives security.
Note: If the movable be sold, the cash belongs to the naked owner, but the interest thereon per annum) belongs to the usufructuary.
B. During the usufruct: 1. To take care of the property as aReading good father of a family (Art. 589) You're a Preview 2. To answer for the acts of the substituted. (Art. 590) without prejudice to his rig action against the latter. Unlock full access with a free trial. Reason: It is the duty of the usufruct to preserve the form and substance of the th Download WithitFree Trial - Even when there is a sub-usufructuary, is still the usufructuary who answers t naked owner for ordinary repairs, taxes on the fruits, etc. 3. To replace with the young thereof animals that die or are lost from natural caus due to rapacity of beasts of/or prey when the usufruct is constituted on flock or of livestock. (Art. 591) Note: Sterile animals cannot be replaced and shall be treated as fungible.
4. To make ORDINARY repairs. (Art. 592, par. 1) - For the usufructuary to be responsible for ordinary repairs, the following m concur: Sign up to vote on this title a. They are required by NORMAL or NATURAL use. Not useful Useful b. Needed for preservation c. Must have occurred DURING the usufruct
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The law does not require the naked owner to make them, what is importa that he will bear the expenses made by the usufructuary
b. Those caused by ABNORMAL or EXCEPTIONAL circumstances and NEEDED PRESERVATION i. The NAKED OWNER shall bear the loss ii. The usufructuary is allowed to make them, with the right to get the inc in value and the right of retention (until paid) at the termination o usufruct, provided that there was notification by the usufructuary and fa to repair by the naked owner. -Those caused by ABNORMAL or EXCEPTIONAL circumstances but are not needed PRESERVATION - The naked owner is responsible - The usufructuary cannot compel the naked owner to make such repairs and he i allowed to make them even if the naked owner has failed to make them
6. To permit works and improvements by the naked owner not prejudicial to usufruct (Art. 595)
Effect of increase in the value of the usufruct a. The usufructuary profits increase (for he will be entitled to the use and pr thereof) b. The usufructuary does not have to pay legal interest on the improvem Reason: This was a voluntary act of the naked owner. You're Reading a Preview 7. To pay annual taxes and charges on the fruits (Art. 596) Unlock full access with a free trial.
What charges or taxes the usufructuary must pay Download With Free Trial a. The annual charges (in the fruits) b. The annual taxes on the fruits c. Annual taxes on the land (including real estate tax)
Note: Payment by the usufructuary of the annual land taxes does not constitute adv possession over the land (Quirante vs. Quirante, CA [40 O.G.]).
8. To pay interest on taxes on capital paid by the naked owner. (Art. 597) - The naked owner pays for the taxes imposed directly on the capital PROVI THEY ARE NOT ANNUAL. - Rules: Sign up to vote on this title a. If paid by the naked owner, he can demand onuseful the sum paid Usefulinterest legal Not b. If advanced (in the meantime) by the usufructuary, said usufructuary – i. Should be REIMBURSED the amount paid without legal interest
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If without stipulation, the usufructuary is responsible only when the usufruct created in fraud of creditors which is always presumed when the owner did reserve sufficient property to pay his debts.
10. To secure the naked owner’s or court’s approval to collect credits in certain (Art. 599) -Rules: a. If the usufructuary has given security, collection and investment can be WITHOUT the approval of the court or of the naked owner. b. If he has NOT given security, or when he is EXEMPTED or when there was o CAUCION JURATORIA, collection and investment can be done ONLY WITH approval of the court or the naked owner. - If the credit is collected, same belongs to the naked owner, but the usufructuary get usufruct - Failure to collect due to usufructuary’s fault or negligence makes the usufructuary liable credit has matured.
11. To notify the owner of any prejudicial act committed by third persons. (Art. 601) - When notification by the usufructuary is required: a. If a third party commits acts prejudicial to the rights of ownership Effect of non-notification: Usufructuary is liable for damages if they had caused thru his own fault b. If urgent repairs are needed Effect of non-notification: the usufructuary cannot even make the extraordi repairs You're Reading a Preview c. If an inventory is to be made Unlock full access with a free trial. Effect of non-notification: The inventory can go on but the naked owner later point out discrepancies and omissions in the inventory. Download With Free Trial 12. To pay for court expenses and costs regarding usufruct (Art. 602). - If it involves only naked ownership then the owner is liable
C. At the termination of the usufruct: 1. To return the thing in usufruct to the owner (Art. 612) unless there is a righ retention 2. To pay legal interest on the amount spent by the owner for extraordinary repai taxes on the capital 3. To indemnify the owner for any losses due to his negligence or of his transferees Sign up to vote on this title
RIGHTS OF THE OWNER DURING THE USUFRUCT: Useful 1. He retains title 2. He may alienate the property, but he may not:
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3. To respect leases of rural lands by the usufructuary for the balance of the agricul year EXTINGUISHMENT OF USUFRUCT: (Art. 603) 1. Prescription a. This refers to the acquisitive prescription by a stranger either of the usufruct or o naked ownership b. Mere non-use of the usufructuary does not terminate usufruct, unless it is al renunciation.
2. Termination of right of the person constituting the usufruct a. If the usufructuary has a sub-usufructuary, the latter ends at the time the usufru extinguished. b. Death of the NAKED OWNER does NOT extinguish the usufruct for the rights o naked owner are transmitted to his own heirs. c. If a person constituted the usufruct with the belief that he was the owner but later defeated in an action concerning ownership, it follows that the usufruct terminate.
3. Total loss of the thing - Total loss ends the usufruct, but the partial loss, for in the latter case, the usuf continues on the remaining part. (Art. 604) Exception: Art. 607 to 609
4. Death of the usufructuary, Even if a resolutory condition or period hasabeen stipulated and death occurs befor You're Reading Preview expiration of the period or fulfilment of the condition, unless contrary intention app full access with a free trial. a. In the case of multiple Unlock usufructs, it ends on the death of the LAST survivor. 611) Download Free Trial of years that would elapse b b. In case there is a period fixed basedWith on the number a person would reach a certain age, UNLESS the period was expressly granted in consideration of the existence of such person, in which case it ends at the dea said person (Art. 606)
5. Expiration of the period or fulfilment of the resolutory condition a. If the usufructuary is a juridical person, the term should NOT exceed 50 years 605) b. If the usufruct is on a real property, or on a real right on real property, the pe must be recorded to bind third persons (Art. 709) c. Premature abandonment or dissolution of Sign the upjuridical to vote onentity this titleextinguishes usufruct Useful Not useful 6. Renunciation of the usufructuary
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Rules: 1. Usufruct on both building and land (but the building is destroyed in any ma whatsoever before the expiration of the period of the usufruct): a. The usufruct on the building is ended, but the usufruct on the land continues; b. Therefore, the usufructuary is still entitled to the use of the land and the u whatever materials of the house remain; c. If the naked owner wants to rebuild but the usufructuary refuses, it is usufructuary who prevails for the use of the land is still his for the remainder o period
2. Usufruct on the building alone a. The usufruct on the building ends, but the usufructuary can still make us whatever materials of the house remain; b. The usufructuary is entitled to the use of the land; c. Because there was no usufruct on the land, the naked owner has preferential rig its use. Note: Usufruct on a building does not expressly include the land.
Payment of insurance on the tenement held in usufruct (Art. 608) - If the naked owner and usufructuary share in the premiums a. If the owner constructs a new building the usufruct continues on the building. If the cost is more than the insurance indemnity, the usufru enjoys the new building completely, with no obligation to give interest on You're Reading a Preview additional cost of the naked owner. access with a free trial. b. If the naked ownerUnlock does full not construct a new building or rebuild, the n owner gets the insurance indemnity but should pay the interest thereon to Download With Free Trial usufructuary. -
If the naked owner alone pays the insurance and the usufructuary refused to sha a. The naked owner gets the whole indemnity (with the obligation to give interest thereon to the usufructuary) b. If the usufruct was on the building and the land, the usufruct continues on land and the materials c. If the usufruct was on the building and the land, the usufruct continues on land and the materials d. If the usufruct was on the building alone the naked owner may rebuild, wi without the approval of the usufructuary,Sign butup hetomust pay on the v vote on thisinterest title of the land and the old materials that may have been used. Useful Not useful
3. If the naked owner alone paid for the insurance but there is failure or omissio
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Rule in Case of Expropriation (Art. 609) 1. If the NAKED OWNER alone was given the indemnity, he has the option to: a. REPLACE with equivalent thing; or b. Pay to the usufructuary legal interest on the indemnity, with the obligation to SECURITY for the payment of interest; 2. If BOTH the naked owner and the usufructuary were separately given indemnity, own the indemnity given to him the usufruct being totally extinguished. 3. IF the USUFRUCTUARY alone was given the indemnity, he must give it to the n owner and compel the latter to return with the interest or to replace the property may even deduct the interest himself, if the naked owner fails to object.
Effect of Bad Use of the Property held in usufruct (Art. 610) 1. If bad use does NOT cause considerable injury to the naked owner, usufruct contin and the naked owner cannot demand administration by himself. 2. If bad use causes considerable injury to the naked owner, usufruct continues BUT naked owner can DEMAND delivery to and administration by him, but he wi obliged to pay NET PROCEEDS to the usufructuary. Note: Being administrator merely, he CANNOT sell or alienate the right to the usuf though he may still alienate the property, without prejudice to the usufruct.
Rule in Case of Multiple Usufruct (Art. 611) 1. If constituted SIMULTANEOUSLY, it is evident that all the usufructuaries must be at the time of the constitution. The death of the last survivor extinguishes the usufru 2. If constituted SUCCESSIVELY, Art. 611 also applies: a. If the successive usufructs were constituted by virtue of a donation, all the d You're Reading a Preview usufructuaries must be living at the time of the constitution-donation of the usuf Unlock full access with a free trial. b. IF the successive usufructs were constituted by virtue of a last will, there shoul only 2 successive usufructuaries; and both must have been alive at the time o Download With Free Trial testator’s death. -
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The owner of the property imposed as condition for the continuation of the usu over the property by his kins that they should maintain an atmospher cooperation, live in harmony and avoid bickering. There was a continuing anim among the kins, hence, it is a ground for termination of the usufruct. deterioration of the relations of the kins to an almost irretrievable level is a g reason for the termination of the usufruct. (Moralidad vs. Pernes. G.R. No. 152 August 3, 2006) Thing lost in part, right on the remaining part continues (Art. 604). Usufruct cannot be constituted in favour ofSign town, or association up tocorporation vote on this title more than 50 years (Art. 605). Useful Not useful Usufruct with duration dependent on the time that may elapse before a third pe attains a certain age (expires when that person attains that age) subsists even if
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3. To enjoy any increase through animals that die or are lost when accessions and servitudes (Art. 571) usufruct is constituted on floc 4. To lease the thing, generally, for the heard of livestock. (Art. 591) same or shorted period as the usufruct 4. To make ORDINARY repairs (Art (Art. 572) par.1) 5. To make on the property in usufruct 5. To permit works and improvemen such improvement or expenses he may the naked owner not prejudicial t deem proper (Art. 579) usufruct (Art. 595) 6. Right to set-off the improvements he 6. To pay annual taxes and charges o may have made on the property fruits (Art. 596) against any damage to the same (Art. 7. To pay interest on taxes on capital 580) by the naked owner (Art. 597) 7. To retain the thing until he is 8. To pay debts when the usufru reimbursed for advances for constituted on the whole patrim extraordinary expenses and taxes on (Art. 598) the capital 9. To secure the naked owner’s or co 8. To collect reimbursements from the approval to collect credits in ce owner for indispensable extraordinary cases (Art. 599) repairs, taxes on the capital he 10. To notify the owner of any prejud advanced, and damages caused to him act committed by third persons. 9. To remove improvements made by 601). him if the same will not injure the 11. To pay for court expenses and property regarding usufruct (Art. 602) 10. To mortgage the right of usufruct 12. To return the thing in usufruct to except parental usufruct. You're Reading a Preview owner (Art. 612) unless there is a 11. To alienate the usufructuary right. or retention Unlock full access with a free trial. 12. To bring action and oblige owner 13. To pay legal interest on the am thereof to give him proper authority spent by the owner for extraord Download With Free Trial and necessary proof in a usufruct to repairs or taxes on the capital recover property or a real right (Art. 14. To indemnify the owner for any l 578) due to his negligence or of 13. Right to make use of the land and transferees materials, when building forming part of the usufruct on immovable has been destroyed in any manner 14. If usufructuary shares in insurance of tenement in usufruct, and it was lost, he shall continue in enjoyment of the new one if one be constructed OR Sign up to vote on this title receive interest on the insurance Useful Not useful indemnity.
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