Professional Documents
Culture Documents
Outline
Introduction
II. Classes
III. Rights of the Usufructuary
IV. Rights of the Owner
V. Obligations of the Usufructuary
VI. Obligations of the Owner
VII. Special Types of Usufruct
VIII. Extinguishment of Usufruct
I.
Introduction
1.
2.
3.
Concept
Requisites
Classes
INTRODUCTION
Concept
Right to enjoy the property with the
obligation to preserve its form and
substance
Real right, temporary in character that
authorizes the holder to enjoy all
advantages derived from a normal
exploitation of anothers property,
according to its destination or purpose, and
imposes the obligation of restoring, at the
time specified either the thing itself or its
equivalent
INTRODUCTION
Natural Characteristics
Preserve
thing
Usufruct is extinguished upon the death
of the usufructuary
Only natural because instrument
constituting the usufruct may provide for
contrary intention
INTRODUCTION
Usufruct v. Lease
USUFRUCT
LEASE
Quasi
real/personal right
Creator of
right
Cause
Extent of
enjoyment
Particular utility
Origin
Generally, by will
of parties
(exception Art.
448)
INTRODUCTION
Usufruct v. Servitude
USUFRUCT
LEASE
Object
Real or personal
property
Always real
Extent of
enjoyment
Utility
Classes
1.
2.
3.
4.
5.
Persons Enjoying
Object
Extent
Term
Origin
CLASSES
Number of Persons Enjoying
the Right
1.
2.
Simple
Successive
CLASSES
Normal
constituted
on non-consumable property
Abnormal (Irregular)
constituted
usufruct
CLASSES
Fruits
2.
Objects
Universal
constituted
Singular
constituted
CLASSES
Terms
1.
2.
3.
Pure
Conditional
With a term (period)
CLASSES
Voluntary
2.
3.
Legal
Prescriptive
Rights of the
Usufructuary
1.
2.
3.
Thing itself
Usufruct itself
Upon expiration of the usufruct
RIGHTS OF
USUFRUCTUA
RY
As to the Thing
1.
2.
3.
RIGHTS OF
USUFRUCTUA
RY
As to the Usufruct
1.
2.
RIGHTS OF
USUFRUCTUA
Upon Expiration of the
RY
Usufruct
1.
2.
3.
Rights of the
Owner During the
Usufruct
RIGHTS OF
OWNER
1.
2.
Obligations of the
Usufructuary
PRIOR
Make Inventory
Post a Bond
OBLIGATIONS
OF
USUFRUCTUA
DURING
AFTER
RY
Take care of the
thing
Ordinary Repairs
Annual taxes and
charges
Taxes on the fruits
Notice in case of
urgent repairs or
acts detrimental
to ownership
Cost of litigation
over usufruct
Fault/negligence
of
agent/lessee/alien
ee
EXTINGUISHM
ENT
1.
2.
3.
4.
5.
6.
7.
Death of usufructuary
Expiration of the period/fulfillment of
resolutory condition
Merger of usufruct and naked
ownership
Waiver
Extinction/Total loss of the property
Resolution or termination of the right
to constitute the usufruct
Prescription
Types of
Usufruct
Usufruct of Pension or
Periodical Income (Art. 570)
Each
Apportionment
Types of
Usufruct
Usufruct of Property Owned in
Common (Art. 582)
The
Types of
Usufruct
Types of
Usufruct
Usufruct of Vineyards and
Woodlands (Art. 575-576)
The
Types of
Usufruct
Usufruct on a Right of Action
(Art. 578)
The
Types of
Usufruct
Usufruct on Mortgaged
Property (Art. 600)
The
Types of
Usufruct
Usufruct Over Entire Patrimony
(Art. 598)
GR:
When it is so stipulated
The
Limitations:
Types of
Usufruct
Usufruct Over Deteriorable
Property (Art. 573)
The
Types of
Usufruct
Usufruct of Consummable Property
(Art. 574) [Quasi Usufruct]
If
EXTINGUISHM
ENT
1.
2.
3.
4.
5.
6.
7.
Death of usufructuary
Expiration of the period/fulfillment of
resolutory condition
Merger of usufruct and naked
ownership
Waiver
Extinction/Total loss of the property
Resolution or termination of the right
to constitute the usufruct
Prescription
EXTINGUISHM
ENT
Right
Obligation
Owner
Reimburse advances
Cancel bond
Respect agri leases for
the year