TITLE VI - CHAPTER 1: USUFRUCT IN GENERAL

Art. 562. Usufruct gives 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 USUFRUCT LEASE
otherwise provides. (467) Nature of Right Real Personal
Creator of Right Owner of agent May not be the owner
What is Usufruct? Origin May be by law, by By contract
contract, by will of
1) A right to enjoy the property of another with the obligation of preserving its
testator, or by
form and substance
prescription
2) Right to enjoy the property of another temporarily, including both the jus
utendi and jus fruendi, with the owner retaining the jus disponendi Extent of Enjoyment All the fruits and all the Certain uses only (those
3) In essence, usufruct is nothing else but simply allowing one to enjoy another’s uses and benefits of the stipulated)
propery entire property
(generally)
What are the Characteristics of Usufruct? Cause More or less passive Active owner or lessor
owner who allows the who makes the lessee
1) It is a real right of use and enjoyment, (whether registered or not in the usufructuary to enjoy the enjoy
Registry of Property. Registering will affect and bind third persons) object
2) Of Temporary duration;
Repairs and Taxes Usufructuary to pay Lessee not generally
3) Transmissible; and
under the obligation to
4) May be constituted on real or personal property, consumable or non- pay taxes or undertake
consumable, tangible or intangible, the ownership of which is vested in repairs
another

 A person cannot create a usufruct over his own property and at the same time Art. 563. Usufruct is constituted by law, by the will of private persons expressed in
retain ownership of the same acts inter vivos or in a last will and testament, and by prescription. (468)
 A usufruct is essentially jus in re aliena, and to be a usufructuary of one’s own
property is in law a contradiction in terms and a conceptual absurdity
 The essential requisite of usufruct is the right to enjoy the property of another Creation of Usufruct
 The usufructuary is entitled to all the fruits of the property with the obligation Usufruct may be classified according to how it is created into:
to preserve its form and substance 1) Legal, or that created or declared by law
 However, the obligation of the usufructuary to preserve is only accidental for 2) Voluntary, or that created by will of the parties (an act inter vivos or an act
the law or the will of the parties may modify or even eliminate it mortis causa)
 Two classifications based on whether or not impairment of object is allowed: 3) Mixed or that acquired by prescription
1) Normal, perfect or regular – invovlves non-consumable things which
the usufructuary can enjoy without altering the form or substance,
through they may detoriorate or diminish by time or by use
2) Abnormal, imperfect, irregular or quasi-usufruct – involves things
which would be useless to the usufructuary unless they are consumed
or expended, such as money, grain, liquors, etc

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 TITLE VI - CHAPTER 1: USUFRUCT IN GENERAL

Art. 564. 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. (469)

Kinds of Usufruct Defined

Usufruct may be
1) As to extent of object
a) Total (constituted on the whole of a thing)
b) Partial (constituted only on a part of a thing)
2) As to number of beneficiaries
a) Simple (only one)
b) Multiple (several usufructuaries)
i. Simultaneous, or
ii. Successive
3) As to effectivity or extinguishment
a) Pure
b) With a term (may be suspensive or resolutory)
c) Conditional (may be suspensive or resolutory)
4) As to subject matter
a) Over things (tangible property)
b) Over rights (intangible property which are not intransmissible)

Art. 565. 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. (470) 


 In case of conflict between the will of the person creating the usufruct and the
Civil code, the former prevails.

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 TITLE VI - CHAPTER 2: RIGHTS OF THE USUFRUCTUARY
Art. 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 land or tenement, he shall be considered a stranger. (471)
Classifications of the Rights of the Usufructuary
1) As to the thing and its fruits
a) To receive the fruits of the property in usufruct and half of the hidden
treasure he accidentally finds on the property
b) To enjoy any increase which the thing in usufruct may acquire through
accession
c) To personally enjoy the thing in usufruct or lease it to another
d) To make on the property in usufruct such improvements or expenses
he may deem property and to remove the improvements provided no
damage is caused to the property
e) To set-off the improvements he may have made on the property
against any damage to the same
f) To retain the thing until he is reimbursed for advances for
extraordinary expenses and taxes on the capital
2) As to the usufruct itself
a) To alienate (or mortgage) the right of usufruct except parental
usufruct
b) In a usufruct to recover property or a real right, to bring the action
and to oblige the owner thereof to give him proper authority and
necessary proof, and
c) In a usufruct of part of a common property, to exercise all the rights
pertaining to the co-owner with respect to the administration and
collection of fruits or interests from the property
d) As to advances and damages
e) To be reimbursed for indispensable extraordinary repairs made by
him in an amount equal to the increase in value which the property
may have acquired by reason of such repairs
f) To be reimbursed for taxes on the capital advanced by him, and
g) To be indemnified for damages caused to him by the naked owner.
 The usufructuary is given the right to enjoy the property in usufruct and he is
entitled to the fruits. The usufructuary has the right to receive all the fruits
except:
a) where the usufruct is constituted only on a part of the fruits of a thing
or
b) where there is an agreement to the contrary.
 The naked owner retains and can exercise all the rights as owner over the
property limited only by the right of enjoyment of the usufructuary.
 Products which when taken from the property diminishes its substance are not
to be treated as fruits. They form part of the capital and belong to the naked
owner, and not to the usufructuary in the absence of a contrary intent between
the parties.
 The usufructuary is not entitled to any hidden treasure because it’s not
considered as ‘fruits’. However, as a stranger, he is entitled to ½ if he is the
finder.
Art. 567. Natural or industrial fruits growing at the time the usufruct begins, belong
to the usufructuary.
Those growing at the time the usufruct terminates, belong to the owner.
In the preceding cases, the usufructuary, at the beginning of the usufruct, has no
obligation to refund to the owner any expenses incurred; but the 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.
The provisions of this article shall not prejudice the rights of third persons,
acquired either at the beginning or at the termination of the usufruct. (472)
Right of the Usufructuary to Pending Natural and Industrial Fruits
This article does not apply to civil fruits.
 For fruits growing at the beginning of usufruct, they belong to the usufructuary
who is not bound to refund to the owner the expenses of cultivation and
production incurred.
- However, in case the expenses were incurred by innocent third persons,
the usufructuary under Art 443, pursuant to the last paragraph of Art
567, has the obligation to pay the expenses made.
 For fruits growing at the termination of the usufruct, they belong to the owner
but he is bound to reimburse the usufructuary the ordinary cultivation
expenses out of the fruits received.
 Manresa opines that if at the termination of the usufruct, force majeure should
prevent the usufructuary from gathering the fruits, said fruits shall belong to
him and not the naked owner.
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 TITLE VI - CHAPTER 2: RIGHTS OF THE USUFRUCTUARY
Art. 568. If the usufructuary has leased the lands or tenements given in usufruct, and
the usufruct should expire before the termination of the lease, he or his heirs and
successors shall receive only the proportionate share of the rent that must be
paid by the lessee. (473)
Art. 569. Civil fruits are deemed to accrue daily, and belong to the usufructuary in
proportion to the time the usufruct may last. (474)
Lease by the Usufrucutary
 The usufructuary may lease the property in usufruct to another.
 If the usufrcut should expire before the termination of the lease, the
usufructuary or his heirs and successors are entitled only to the rents
corresponding to the duration of the usufruct. The rents for the remaining
period of the lease belong to the owner.
Art. 570. Whenever a usufruct is constituted on the right to receive a rent or
periodical pension, whether in money or in fruits, or in the interest on bonds or
securities payable to bearer, each payment due shall be considered as the
proceeds or fruits of such right.
Whenever it consists in the enjoyment of benefits accruing from a participation
in any industrial or commercial enterprise, the date of the distribution of which
is not fixed, such benefits shall have the same character.
In either case they shall be distributed as civil fruits, and shall be applied in the
manner prescribed in the preceding article. (475)
Usufruct Constituted on Certain Rights
 Every benefit or payment shall be considered and distributed as civil fruit of
such right.
 Payment and benefits that accrue after the termination of the usufruct belong
to the owner.
 The date when the benefits accrue determines whether they should belong to
the usufructuary or to the owner. Art 570 applies whether or not the date of
distribution of benefits is fixed.
CASE DOCTRINE
 A stock dividend is considered civil fruit and belongs to the usufructuary.
(Bachrach v Seifert)
Art. 571. The usufructuary shall have the right to enjoy any increase which the thing
in usufruct may acquire through accession, the servitudes established in its favor,
and, in general, all the benefits inherent therein. (479)
Extent of rights of Usufructuary
 The usufructuary is generally entitled to all the benefits that the thing in
usufruct can give including any increase by accession and servitudes
established in his favor.
- Reason is that usufruct covers the entire jus fruendi and jus utendi.
Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease it to
another, or alienate his right of usufruct, even by a gratuitous title; but all the
contracts he may enter into as such usufructuary shall terminate upon the
expiration of the usufruct, saving leases of rural lands, which shall be considered
as subsisting during the agricultural year. (480)
Transactions by the Usufructuary
 with respect to the thing in usufruct, he may lease it even without the owner’s
consent but not being the owner, the usufructuary cannot alienate, pledge or
mortgage the thing itself. He may sell future crops subject to the rule that those
ungathered at the time when the usufruct terminates belong to the owner.
 when the things given in usufruct cannot be used without being consumed or
were appraised when delivered, the usufructuary may dispose of them.
 With respect to the right of usufruct, since the usufructuary is the owner of
the right itselt, he may alienate, pledge or mortgage it, even by gratuitous title.
- But the legal usufruct of the parent over his or her unemancipated
children cannot be alienated, pledged, or mortgaged for the right is
personal and intransmissible burdened as it is by important
obligations of the parent for the benefit of the children.
- A usufruct given in consideration of the person of the usufructuary to
last during his lifetime is also personal, and therefore, intransmissible.
- As a rule, all contracts entered into by the usufructuary shall
terminate upon the expiration of the usufruct or earlier, except rural
leases which continue during the agricultural year.
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 TITLE VI - CHAPTER 2: RIGHTS OF THE USUFRUCTUARY
CASE DOCTRINE Art. 574. Whenever the usufruct includes things which cannot be used without being
 A usufructuary of rents, as a corollary to the right to all the rents, to choose consumed, the usufructuary shall have the right to make use of them under the
the tenant, and to fix the amount of the rent, necessarily has the right to obligation of paying their appraised value at the termination of the usufruct, if
choose himself as the tenant, provided that the obligations he has assumed they were appraised when delivered. In case they were not appraised, he shall
towards the owner of the property are fulfilled. (Fabie v David) have the right to return at the same quantity and quality, or pay their current
price at the time the usufruct ceases. (482)
Art. 573. Whenever the usufruct includes things which, without being consumed,
gradually deteriorate through wear and tear, the usufructuary shall have the right
Usufruct on Consumable Things
to make use thereof in accordance with the purpose for which they are intended,
 This is another instance of abnormal usufruct because the thing in usufruct
and shall not be obliged to return them at the termination of the usufruct except
cannot be used without being consumed, like money (but that’s really a simple
in their condition at that time; but he shall be obliged to indemnify the owner for
loan, where the usufructuary can deal with the money as owner.)
any deterioration they may have suffered by reason of his fraud or negligence.
(481)  The usufructuary shall have the right to make use of the consumable thing.
 At the termination of the usufruct, he must:
1) Pay its appraised valuel or
Usufruct on Things which Gradually Deteriorate 2) If there was no appraisal made, either:
 This article gives an instance of abnormal usufruct because in the enjoyment 3) Return the same quantity and quality, or
of the property the usufructuary cannot preserve its form or substance. 4) Pay its current price at such termination.
 Here the thing gradually deteriorates through wear and tear or normal use.
 The usufructuary is not responsible for the deterioration due to wear and tear Art. 575. The usufructuary of fruit-bearing trees and shrubs may make use of the
nor is he required to make any repairs to restore it to its formal condition. He dead trunks, and even of those cut off or uprooted by accident, under the
needs only to return the thing at the termination of the usufruct in the obligation to replace them with new plants. (483a)
condition it may be at that time.
 The usufructuary is liable for damage suffered by the thing by reason of his
fraud or negligence although such liability may be set-off against the
improvements he may have made on the property.
 The usufructuary does not answer for deterioration due to a fortuitous event.
He is, however, obligated to make the ordinary repairs needed by the thing.

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 TITLE VI - CHAPTER 2: RIGHTS OF THE USUFRUCTUARY
Art. 576. If in consequence of a calamity or extraordinary event, the trees or shrubs
shall have disappeared in such considerable number that it would not be possible
or it would be too burdensome to replace them, the usufructuary may leave the
dead, fallen or uprooted trunks at the disposal of the owner, and demand that
the latter remove them and clear the land. (484a)
Usufruct on Fruit-Bearing Trees and Shrubs
 The usufructuary is given the right to make use of dead trunks and those cut-
off or uprooted by accident but he must place them with new plants because
he has the obligation to preserve the form or substance of the property in
usufruct.
 Of course, the usufructuary has no obligation to replace with new plants, the
dead trees or shrubs already existing at the beginning of the usufruct.
 Under article 576, the usufructuary is not responsible for dead, fallen or
uprooted trunks caused by calamity or extra-ordinary events. If it would not be
possible or be too burdensome to replace them, he may demand that the
owner remove them and clear the land. He may use the trunks but he is
required to replace them with new plants under Article 575.
 If replacing the trunks could not be too burdensome, the usufructuary must
replace them, whether or not he makes use of them.
Art. 577. The usufructuary of woodland may enjoy all the benefits which it may
produce according to its nature.
If the woodland is a copse or consists of timber for building, the usufructuary may
do such ordinary cutting or felling as the owner was in the habit of doing, and in
default of this, he may do so in accordance with the custom of the place, as to
the manner, amount and season.
In any case the felling or cutting of trees shall be made in such manner as not to
prejudice the preservation of the land.
In nurseries, the usufructuary may make the necessary thinnings in order that the
remaining trees may properly grow.
With the exception of the provisions of the preceding paragraphs, the
usufructuary cannot cut down trees unless it be to restore or improve some of
the things in usufruct, and in such case shall first inform the owner of the
necessity for the work. (485)
Usufruct on Woodland and Nurseries
 The woodland may be a copse or may consist of timber for building.
 The usufructuary may fell or cut trees as the owner was in the habit of doing
or in accordance with the customs of the place as to manner, amount and
season. In any case, he must not prejudice the preservation of the land.
 The usufructuary cannot cut down trees other than as mentioned above unless
it be for repair or improvement of the things in usufruct but in such case, the
owner must be informed of the necessity for the work.
 In nurseries, the usufructuary may make the necessary thinnings in order that
the remaining trees may properly grow.
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Art. 578. The usufructuary of an action to recover real property or a real right, or any
movable property, has the right to bring the action and to oblige the owner
thereof to give him the authority for this purpose and to furnish him whatever
proof he may have. If in consequence of the enforcement of the action he
acquires the thing claimed, the usufruct shall be limited to the fruits, the
dominion remaining with the owner. (486)
Usufruct of Judicial Action to Recover
 This article applies if the purpose of the action is to recover real property or
personal property or real right over real or personal property
 The action may be instituted in the name of the usufructuary (vs an agent who
institutes the action in the name of the principal)
 The usufructuary may oblige the owner to give him the necessary authority to
bring the action
 In case of favorable judgment, the usufruct shall be limited to the fruits, with
the naked ownership belonging to the owner. With the termination of the case,
the usufruct of the action comes to an end.
Art. 579. The usufructuary may make on the property held in usufruct such useful
improvements or expenses for mere pleasure as he may deem proper, provided
he does not alter its form or substance; but he shall have no right to be
indemnified therefor. He may, however, remove such improvements, should it be
possible to do so without damage to the property. (487)
What Happens when a Usufructuary Makes Useful or Luxurious Expenses?
 The usufructuary has the right to make improvements, useful or luxurious, as
he may deem proper.
 What are the rules?
1) He must not alter the form or substance of the property,
2) He may remove the improvements only if it is possible to do so without
damage to the property
3) He has no right to be indemnified for the improvements if he does not
exercise his right to remove
- He cannot invoke the rights of a possessor in good faith in the
concept of owner
4) If the improvements cannot be removed without damage, he may set-
off the same against any damage caused by him to the property (Art
580)
5) If the usufructuary does not wish to exercise his right of removal, the
owner cannot compel him to remove the improvements
6) If the usufructuary wishes to exercise his right of removal, the owner
cannot prevent him by offering to reimburse him
7) The usufructuary’s right to remove the improvements includes the right
to destroy them provided no damage is caused to the property
8) The right to remove is enforceable only against the owner, but not
against a purchaser in good faith to whom a clean title has been issued
- Right to remove the improvements should be annotated on the
certificate of title, so that it can be enforced against third
parties
Moralidad vs Pernes [Useful/Luxurious Improvements made by Usufructuary]
This case also discussed on modes on the extinguishment of a usufruct. Here, there was a
resolutory condition to the effect that “who wishes to stay on the property has to maintain an
atmosphere of cooperation and harmony”. The petitioner in this case had property where she
allowed the respondents, her niece and the latter’s husband to enjoy the property. Their
relationship turned sour because the respondents did not like the way Moralidad managed the
property. As a matter of fact, the petitioner alleged that there were violent episodes between her
and the respondent’s husband. So she wanted them to vacate the property. The SC said that the
contract of usufruct was already terminated. This case clearly talked about a usufruct because
the respondents were merely allowed to use the property subject to the resolutory condition that
they must live in harmony with each other. Clearly, there was no more harmony, so the contract
of usufruct was already terminated.
Another important principle in this case was on the issue as to whether or not the husband can
claim reimbursement for the value of the house that they built on the house. The SC said no, you
cannot claim reimbursement because a usufructuary who builds useful or luxurious expenses on
a property cannot ask for reimbursement. What they can merely ask for is the removal of the
improvements subject to the condition that said removal does not cause damage to the
property.
CASE DOCTRINES
 By express provision of law, the usufructuaries do not have the right to
reimbursement for improvements they may have introduced on the property.
If the rule on reimbursement or indemnity were otherwise, then the
usufructuary might improve the owner out of his property. (Moralidad v
Pernes)
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Art. 580. The usufructuary may set off the improvements he may have made on the
property against any damage to the same. (488)
Right to Set-Off Improvements
 This article presupposes that
- the improvements have increased the value of the property and
- the damage to the same was caused through the fault of the
usufructuary.
 If the damage exceeds the value of the improvements, the usufructuary is
liable for the difference as indemnity
 If the value of the improvements exceeds the damage, he may remove the
portion of the improvements representing the excess in value if this can be
done without injury to the property, otherwise, the excess in value accrues to
the owner.
Art. 582. The usufructuary of a part of a thing held in common shall exercise all the
rights pertaining to the owner thereof with respect to the administration and the
collection of fruits or interest. Should the co-ownership cease by reason of the
division of the thing held in common, the usufruct of the part allotted to the co-
owner shall belong to the usufructuary. (490) 

Usufruct of Part of Common Property
 In case a co-owner gives the usufruct of his share to a person, the usufructuary
shall exercise all the rights pertaining to the co-owner regarding the
administration and the collection of the fruits or interest from the property
 The usufructuary shall be bound by the partition made by the owners of the
undivided property although he took no part in the partition but the naked
owner to whom the part held in usufruct has been allotted must respect the
usufruct.

Art. 581. The owner of property the usufruct of which is held by another, may CASE DOCTRINE
alienate it, but he cannot alter its form or substance, or do anything thereon  A partition made by the owners of land is binding upon a person who has a
which may be prejudicial to the usufructuary. (489) usufructuary right in an undivided part of the land, although the latter took no
part in the partition of the property.
 The right of the usufructuary is not affected by the division but it is limited to
Rights and Obligations of the Naked Owner
the fruits of the said part allotted to the co-owner. (Pichay v Querol)
 The naked owner may alienate the property in usufruct because the title
(dominium directum) remains vested in him.
 He may construct works, make improvements, or make new plantings on the
property in usufruct.
 The alienation by the naked owner cannot affect the usufruct which is
registered or known to the transferee.
 The naked owner, however, cannot:
- alter the form or substance of the property, or
- do anything thereon which may cause a diminution in the value of the
usufruct, or
- be prejudicial to the rights of the usufructuary,
 otherwise, he shall be liable for damages.
 The naked owner must:
- Respect leases of rural lands by the usufructuary for the balance of the
agricultural year (Art 572)
- Reimburse him for advances made for extraordinary repairs (Art 594),
and
- Reimburse him for taxes on the capital (Art 597)

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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY

Art. 583. The usufructuary, before entering upon the enjoyment of the property, is Obligation to Make an Inventory
obliged: 1) Previous notice to be given.
 In the making of the inventory, the concurrence of the naked owner is
1) To make, after notice to the owner or his legitimate representative, an
not required.
inventory of all the property, which shall contain an appraisal of the  Note that the law says ‘legitimate’, not legal representative
movables and a description of the condition of the immovables; 2) Expenses of inventory
2) To give security, binding himself to fulfill the obligations imposed upon  Borne by the usufructuary
him in accordance with this Chapter. (491) 3) Form of inventory
 Article 583 does not provide for the form of inventory. It may be
Classifications of Obligations of The Usufructuary
1) Those before the usufruct begins contained in a private document.
 However, a public instrument is necessary to affect third persons when
a) Make an inventory of the property, which shall contain an appraisal
of the movables and a description of the immovables there are immovables.
b) Give security 4) Contents of inventory
 The inventory shall contain
2) Those during the usufruct
a) Take care of the property (Art 589) - an itemized list and
b) To replace with the young thereof animals that die or are lost in - an appraisal of the movables and
certain cases when the usufruct is constituted on flock or herd of - description of the condition of the immovables.
 The movables must be appraised because they are subject to greater
livestock (Art 591)
c) To make ordinary repairs (Art 592, par 1) danger of loss and deterioration.
 Both kinds must be properly identified.
d) To notify the owner of urgent extraordinary repairs (Art 593)
e) To permit works and improvements by the naked owner not Failure to make an inventory? Usufruct not extinguished, maybe owner can
prejudicial to the usufruct (Art 595) demand it.
f) To pay annual taxes and charges on the fruits (Art 596)
g) To pay interest on taxes on capital paid by the naked owner (Art 597) Are there instances where obligation to make inventory is excused? Yes. See Art
h) To pay debts when the usufruct is constituted on the whole of a 585.
patrimony (Art 598)
i) To secure the naked owner’s or court’s approval to collect credits in Obligation To Give Security
certain cases (Art 599)  The purpose of giving security is to insure the fulfillment by the usufructuary
j) To notify the owner of any prejudicial act committed by third persons of the obligations imposed upon him
(Art 601)  Law does not specify the kind of security that should be given
k) To pay for court expenses and costs regarding usufruct (Art 602)
3) Those at the termination of the usufruct Failure to give security? See Art 586.
a) To return the thing in usufruct to the naked owner unless there is a
right of retention (Art 612)
b) To pay legal interest for the time that the usufruct lasts, on the
amount spent by the owner for extraordinary repairs (Art 594) and
the proper interest on the sums paid as taxes by the owner (Art 597),
and
c) To indemnify the naked owner for any losses due to his negligence or
of his transferees. (Art 589-590)

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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY
Art. 584. The provisions of No. 2 of the preceding article shall not apply to the donor
who has reserved the usufruct of the property donated, or to the parents who
are usufructuaries of their children's property, except when the parents contract
a second marriage. (492a)
When Obligation to Give Security Not Applicable
 This article contains the legal exceptions to the obligation of the usufructuary
to give security in two cases:
- To the donor who has reserved the usufruct of the property donated
- To the parents who are usufructuaries of their children’s parents,
except when the parents contract a second marriage
Art. 585. The usufructuary, whatever may be the title of the usufruct, may be excused
from the obligation of making an inventory or of giving security, when no one will
be injured thereby. (493)
When Obligation to Make Inventory or to Give Security Excused
 The usufructuary may be excused from the obligation in the following cases:
1) Where the naked owner renounces or waives his right to the
inventory or security
2) Where the title constituting the usufruct relieves the usufructuary
from the obligation;
- Is frequently true in usufructs constituted by a last will and
testament or by a deed of donation in view of the trust which
the testator or donor has in the usufructuary
3) Where the usufructuary asks that he be exempted from the obligation
and no one will be injured thereby.
- The usufructuary may apply to the courts for relief in case the
naked owner refuses to grant the exemption where, for
example, the usufruct is over the right to receive a periodic
income or pension
Art. 586. Should the usufructuary fail to give security in the cases in which he is bound
to give it, the owner may demand that the immovables be placed under
administration, that the movables be sold, that the public bonds, instruments of
credit payable to order or to bearer be converted into registered certificates or
deposited in a bank or public institution, and that the capital or sums in cash and
the proceeds of the sale of the movable property be invested in safe securities.
The interest on the proceeds of the sale of the movables and that on public
securities and bonds, and the proceeds of the property placed under
administration, shall belong to the usufructuary.
Furthermore, the owner may, if he so prefers, until the usufructuary gives security
or is excused from so doing, retain in his possession the property in usufruct as
administrator, subject to the obligation to deliver to the usufructuary the net
proceeds thereof, after deducting the sums which may be agreed upon or
judicially allowed him for such administration. (494)
Effects of Failure to Give Security, When Required
 On rights of owners: Where the obligation to give security or to file a bond is
not excused or exempted, the failure of the usufructuary to comply with the
same entitle the naked owner for his protection
- to demand that immovables be placed under administration or
receivership,
- movables be sold,
- instruments of credit be registered or deposited in a bank or public
institution
- capital or sums in cash and the proceeds of the sale of the movable
be invested in safe securities.
 On rights of usufructuary: Until he gives the proper security, the usufructuary
cannot enter upon the possession and enjoyment of the property. He may not
collect any matured credits nor invest capital in usufruct without the consent
of the owner or judicial authorization.
 The failure to give security does not extinguish the right of usufruct. Hence,
the usufructuary may alienate his right to the usufruct
 This article only speaks of security (it would seem that the failure of the
usufructuary to make an inventory, when not excused, does not have the same
effect as when security is not given.)
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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY
Art. 587. If the usufructuary who has not given security claims, by virtue of a promise
under oath, the delivery of the furniture necessary for his use, and that he and
his family be allowed to live in a house included in the usufruct, the court may
grant this petition, after due consideration of the facts of the case.
The same rule shall be observed with respect to implements, tools and other
movable property necessary for an industry or vocation in which he is engaged.
If the owner does not wish that certain articles be sold because of their artistic
worth or because they have a sentimental value, he may demand their delivery
to him upon his giving security for the payment of the legal interest on their
appraised value. (495)
Sworn Undertaking in Lieu of Security (Caucion Juratoria)
 This article applies when the usufructuary who is under obligation to give
security cannot afford to do so and no one is willing to give security for them
 For humanitarian considerations, the court may allow the usufructuary to
enjoy the property upon taking an oath to take care of the property and retain
it until the termination of the usufruct in lieu of giving the security
 The usufructuary must first ask the naked owner to grant him the rights
mentioned, and should the latter refuse, he may resort to the courts
 Articles with artistic or sentimental value may not be sold. The owner may
demand their delivery to him if he gives security to the usufructuary for the
payment of the legal interest on their appraised value.
Art. 588. After the security has been given by the usufructuary, he shall have a right
to all the proceeds and benefits from the day on which, in accordance with the
title constituting the usufruct, he should have commenced to receive them. (496)
Retroactive Effect of Giving Security
 This article applies where the usufructuary who is required to give security
gives the security after the commencement of the usufruct
 Failure to give the needed security may deprive the usufructuary of the right
to enjoy the possession of the property in usufruct
 However, once the security is give, he is entitled to all the proceeds and
benefits of the usufruct accruing from the day on which he should have
commenced to receive them, from the day the usufruct commenced according
to its title.
Art. 589. The usufructuary shall take care of the things given in usufruct as a good
father of a family. (497)
Obligation to Take Care of the Property
 Includes the making of ordinary repairs needed by thing given in usufruct
 Care required is that of a good father of a family (ordinary diligence)
 But diligence should not be less than that required by the circumstances
 Usufructuary is liable for damages suffered by the property due to his fault and
negligence
Art. 590. A usufructuary who alienates or leases his right of usufruct shall answer for
any damage which the things in usufruct may suffer through the fault or
negligence of the person who substitutes him. (498)
Liability for Fault or Negligence of Substitute
 The usufructuary may alienate or lease his right
 However, he shall be liable to the owner for any damage which the property in
usufruct may suffer through the fault or negligence (also fraud or willful acts)
of the substitute without prejudice to his right of action against the latter
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the
usufructuary shall be obliged to replace with the young thereof the animals that
die each year from natural causes, or are lost due to the rapacity of beasts of prey.
If the animals on which the usufruct is constituted should all perish, without the
fault of the usufructuary, on account of some contagious disease or any other
uncommon event, the usufructuary shall fulfill his obligation by delivering to the
owner the remains which may have been saved from the misfortune.
Should the herd or flock perish in part, also by accident and without the fault of
the usufructuary, the usufruct shall continue on the part saved.
Should the usufruct be on sterile animals, it shall be considered, with respect to
its effects, as though constituted on fungible things. (499a)
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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY
Usufruct on a Flock or Herd of Livestock
 The usufructuary has the duty to make replacement although the death of the
animals is due to natural causes. But the replacement is to be made only from
the young produced so that if there are no young or the number of the young
is less than that of the animals that died, the usufructuary has no duty to
replace or to fill up the difference.
 No duty to replace provided the usufructuary is without fault (2nd and 3rd
paragraphs). Even if the partial loss is due to the fault of the usufructuary, the
usufruct continues with the remainder. Bad use does not extinguish the
usufruct (Art 603), but the owner may bring the necessary action for the
protection of his rights.
 If the animals are sterile, and they cannot be replaced by the young thereof,
the usufruct shall be treated as constituted on fungible things. In such case Art
574 applies.
Art. 592. The usufructuary is obliged to make the ordinary repairs needed by the
thing given in usufruct.
By ordinary repairs are understood such as are required by the wear and tear due
to the natural use of the thing and are indispensable for its preservation. Should
the usufructuary fail to make them after demand by the owner, the latter may
make them at the expense of the usufructuary. (500)
Obligation to Make Ordinary Repairs
 The usufructuary is bound to make the repairs referred to without the
necessity of demand from the owner
- The owner may make them at the expense of the usufructuary, only
should the latter fail to make them after demand has been made upon
him.
- The defects requiring ordinary repairs must have occurred during the
usufruct, whether with or without the fault of the usufructuary.
 The usufructuary is not liable for deterioration resulting from wear and tear
not due to his fraud or negligence, unless the deterioration could have been
prevented or arrested by ordinary repairs and he failed to make them without
valid reason.
Art. 593. Extraordinary repairs shall be at the expense of the owner. The usufructuary
is obliged to notify the owner when the need for such repairs is urgent. (501)
Art. 594. If the owner should make the extraordinary repairs, he shall have a right to
demand of the usufructuary the legal interest on the amount expended for the
time that the usufruct lasts.
Should he not make them when they are indispensable for the preservation of
the thing, the usufructuary may make them; but he shall have a right to demand
of the owner, at the termination of the usufruct, the increase in value which the
immovable may have acquired by reason of the repairs. (502a)
Duty of Owner to Pay for Extraordinary Repairs
 Law does not impose an obligation on the naked owner or the usufructuary to
make extraordinary repairs on the property in usufruct. It is optional for them to
make sure repairs or not.
 Payment for extraordinary repairs:
- Those required by the wear and tear due to the natural use of the thing but
not indispensable for its preservation OR those required by the
deterioration of or damage the thing caused by the exceptional
circumstances but not indispensable for its preservation:
 The owner cannot be compelled to make them. If he should make
them, they shall be at his expense since they are made on his
property but he shall a right to demand of the usufructuary who is
benefited by the repairs, legal interest on the amount expended
during the duration of the usufruct.
 The usufructuary may make them but he is not entitled to indemnity
because they are not needed for the preservation of the thing.
- Those required by the deterioration of or damage to the thing caused by
exceptional circumstances and are indispensable for its preservation:
 It is also optional upon the owner or the usufructuary to make the
repairs or not. If the owner should make the repairs, they shall be at
his expense.
 If made by the usufructuary, he shall have the right to demand of the
owner the payment of the increase in value of the immovable by
reason of the repairs at the termination of the usufruct provided the
following are present:
a) He notified the owner of the urgency of the repairs
b) The owner failed to make the repairs
c) The repair is necessary for the preservation of the property
 The usufructuary has the right of retention even after the termination of the
usufruct until he is reimbursed for the increase in value of the property caused by
extraordinary repairs for preservation (Art 612)
- Increase in value is the difference between the value of the property
before the repairs were made and the value after the repairs were
completed
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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY
Art. 595. The owner may construct any works and make any improvements of which
the immovable in usufruct is susceptible, or make new plantings thereon if it be
rural, provided that such acts do not cause a diminution in the value of the
usufruct or prejudice the right of the usufructuary. (503)
Construction, Improvements and Plantings by Owner
 The owner has the right to do the works mentioned provided the value of the
usufruct is not prejudiced
 Any increase in the value of the usufruct due to the improvements will inure
to the benefit of the usufructuary for he is entitled to the use and fruits of the
property
 The owner has no right to demand legal interest on his expenses because they
were voluntarily incurred by him
 The owner may even alienate his property or make changes thereon as long as
he doesn’t impair the right of the usufructuary.
CASE DOCTRINE
 In a case where the usufruct was over the land, and the owner built buildings
on the land, and the usufructuary was demanding the rents of the buildings as
part of the usufruct, the Court held that the usufructuary was not entitled to
the rents of the building. The usufructuary’s argument that Article 571 was
applicable (right to enjoy any increase by accession) was wrong because such
accession is limited to buildings erected on the land of another and does not
contemplate a situation where the owner himself erected the buildings.
(Gaboya v Cui)
 However, the usufructuary was entitled to reasonable rental for the portion of
the land occupied by the building because the construction of the building had
reduced the area of the land and to that extent diminished the value of the
usufruct. However, like said above, since the usufruct was reserved over the
land alone, the usufructuary was not entitled to the rents of the building itslef.
Art. 596. The payment of annual charges and taxes and of those considered as a lien
on the fruits, shall be at the expense of the usufructuary for all the time that the
usufruct lasts. (504)
Art. 597. The taxes which, during the usufruct, may be imposed directly on the
capital, shall be at the expense of the owner.
If the latter has paid them, the usufructuary shall pay him the proper interest on
the sums which may have been paid in that character; and, if the said sums have
been advanced by the usufructuary, he shall recover the amount thereof at the
termination of the usufruct. (505)
Liability for Charges and Taxes
 Usufructuary must pay the annual charges and taxes which are imposed, and,
therefore, are a lien upon the fruits during the term of the usufruct.
 Are real property taxes imposed on the fruits or on the capital? On the capital.
 Taxies levied on the capital must be paid by the naked owner but he has right
to demand from the usufructuary the proper interest on the sums paid.
 If the taxes were advanced voluntarily by the usufructuary he is entitled to be
reimbursed therefor at the termination of the usufruct with the right of
retention until paid.
Art. 598. If the usufruct be constituted on the whole of a patrimony, and if at the time
of its constitution the owner has debts, the provisions of Articles 758 and 759
relating to donations shall be applied, both with respect to the maintenance of
the usufruct and to the obligation of the usufructuary to pay such debts.
The same rule shall be applied in case the owner is obliged, at the time the
usufruct is constituted, to make periodical payments, even if there should be no
known capital. (506)
Where Usufruct Convers Entire Patrimony
 Art 598 applies to a
- universal usufruct or one which covers the entire patrimony of the
owner, and
- at the time of its constitution, by donation or any other acts inter vivos,
he has debts, whether secured or unsecured, or is bound to make
periodical payments even if, in the latter case, there should be no known
capital
 The liability of the usufructuary for the debts of the naked owner is the same
as that of the donee under 758 and 759
- when there is a stipulation for the payment by the usufructuary of the
debts of the owner, the former is liable only for the debts contracted by
the latter before the constitution of the usufruct
- in the absence of stipulation, the usufructuary shall be responsible only
when the usufruct was created in fraud of creditors
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 TITLE VI - CHAPTER 3: OBLIGATIONS OF THE USUFRUCTUARY
Art. 599. The usufructuary may claim any matured credits which form a part of the
usufruct if he has given or gives the proper security. If he has been excused from
giving security or has been able to give it, or if that given is not sufficient, he shall
need the authorization of the owner, or of the court in default thereof, to collect
such credits.
The usufructuary who has given security may use the capital he has collected in
any manner he may deem proper. The usufructuary who has not given security
shall invest the said capital at interest upon agreement with the owner; in default
of such agreement, with judicial authorization; and, in every case, with security
sufficient to preserve the integrity of the capital in usufruct. (507)
Usufruct of Matured Credits
 if the usufructuary has given sufficient security, he may claim matured credits
forming part of the usufruct, collect them, and use and invest, with or without
interest, the capital he has collected, in any manner he may deem proper
 if he
- has NOT given security, or
- that given is not sufficient, or
- he has been excused from giving security,
 he may collect the credits and invest the capital which must be at
interest, with the consent of the naked owner or approval of the
court.
 The credits which constitute the capital belong to the naked
owner but the usufructuary has the right to use and invest them,
and to receive the interest therefrom.
 In every case, the investment of the capital must be with sufficient security to
preserve its integrity
Art. 600. The usufructuary of a mortgaged immovable shall not be obliged to pay the
debt for the security of which the mortgage was constituted.
Should the immovable be attached or sold judicially for the payment of the debt,
the owner shall be liable to the usufructuary for whatever the latter may lose by
reason thereof. (509)
Usufruct of Mortgaged Immovables
 The usufruct is particular, constituted by will or by acts inter vivos, whether by
onerous or gratuitous title
 If the usufruct is universal, the liability of the usufructuary to pay for the
mortgage is governed by Art 598.
 The owner may validly mortgage the property in favor of a third person. The
debt must be paid by the owner.
 The usufructuary may mortgage his right of usufruct which is a real right
Art. 601. The usufructuary shall be obliged to notify the owner of any act of a third
person, of which he may have knowledge, that may be prejudicial to the rights of
ownership, and he shall be liable should he not do so, for damages, as if they had
been caused through his own fault. (511)
Obligation to Notify Owner of Prejudicial Acts by Third Persons
 Art 601 speaks of any act which may be prejudicial to the ‘rights of ownership’,
not merely of the ‘naked ownership’
 A usufructuary has the duty to protect the owner’s interest
 However, where the act affects possession, although this is in the usufructuary,
he should notify the owner because the latter has an interest in defending it.
 The usufructuary is also obliged to notify the owner before making an
inventory of the property and of the need of urgent repairs.
CASE DOCTRINE
 A usufructuary has the duty to protect the owner’s interests – a usufruct gives
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. (NHA v CA)
Art. 602. The expenses, costs and liabilities in suits brought with regard to the
usufruct shall be borne by the usufructuary. (512) 

Obligation to Pay for Judicial Expenses and Cost
 Since they are in connection with litigation over possession affecting the rights
of the usufructuary, it is just that they are borne by him.
 If the litigation involves only the naked ownership, the owner should assume
them.
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 TITLE VI - CHAPTER 4: EXTINGUISHMENT OF USUFRUCT

Art. 603. Usufruct is extinguished: Art. 604. If the thing given in usufruct should be lost only in part, the right shall
continue on the remaining part. (514)
(1) By the death of the usufructuary, unless a contrary intention clearly
appears;  To extinguish a usufruct, the loss must be total, except as provided in Art 607
(2) By the expiration of the period for which it was constituted, or by the to 609
fulfillment of any resolutory condition provided in the title creating  If the loss in only partial, the usufruct continues with the remaining part. But
the usufruct; 
 if the partial loss may be so important as to be considered total loss, the courts
(3) By merger of the usufruct and ownership in the same person; 
 shall determine.
(4) By renunciation of the usufructuary;
Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or
(5) By the total loss of the thing in usufruct; association for more than fifty years. If it has been constituted, and before the
(6) By the termination of the right of the person constituting the usufruct; expiration of such period the town is abandoned, or the corporation or
(7) By prescription. (513a) association is dissolved, the usufruct shall be extinguished by reason thereof.
(515a)
How is a Usufruct Extinguished?
1) Death of the usufructuary (unless contrary intention clearly appears)  The ordinary life of a corporation is 50 years. Unlike a natural person, a
2) Expiration of period or fulfillment of condition corporation or association may be extended indefinitely. Public policy frowns
3) By merger of the usufruct and ownership in the same person upon perpetual usufruct.
4) By renunciation of the usufructuary  The fifty-year limitation does not apply to trusts.
5) By the total loss of the thing
6) Termination of right of owner (refers to the right of the person constituting the Art. 606. A usufruct granted for the time that may elapse before a third person attains
usufruct, not to a condition imposed upon the usufruct itself) a certain age, shall subsist for the number of years specified, even if the third
7) By prescription (acquisitive prescription by the use of a third person, not the person should die before the period expires, unless such usufruct has been
use by the usufructuary) expressly granted only in consideration of the existence of such person. (516)
8) Other causes (annulment or rescission of the contract)
 Exception here is when the usufruct has been expressly granted only in
Baluran vs Navarro [Modes of Extinguishment] consideration of the existence of the third person

In this case, the SC said that even if the title of the contract was “BARTER AGREEMENT”, the
stipulations of the said contract clearly show that they agreed upon a contract of usufruct. This is
so because there was stipulation therein that should the daughter of the Sps. Paraiso choose to
reside on the property, the other party would have the obligation to return the property. So even
if the parties called it a “BARTER”, the stipulations would have to prevail which evidence
intentions of entering into a contract of usufruct.
Here, the resolutory condition was fulfilled because the daughter of Sps. Paraiso chose to reside
on the residential lot.

NHA vs CA [Modes of Extinguishment]

MSBF abused its right of usufruct since it used up more than 7 hectares, the land given to it by
virtue of a Proclamation issued by former President Marcos. In connection with our topic, when
juridical persons are to be regarded as the usufructuary, said usufructuary shall only subsist for a
maximum of 50 years. MSBF only had 22 years left.

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 TITLE VI - CHAPTER 4: EXTINGUISHMENT OF USUFRUCT
Art. 607. If the usufruct is constituted on immovable property of which a building
forms part, and the latter should be destroyed in any manner whatsoever, the
usufructuary shall have a right to make use of the land and the materials.
The same rule shall be applied if the usufruct is constituted on a building only and
the same should be destroyed. But in such a case, if the owner should wish to
construct another building, he shall have a right to occupy the land and to make
use of the materials, being obliged to pay to the usufructuary, during the
continuance of the usufruct, the interest upon the sum equivalent to the value of
the land and of the materials. (517)
Where Usufruct of Land and Building, and Building Destroyed
 The destruction of the building terminates the usufruct on the building but no
the usufruct on the land
 The usufructuary is still entitled to use the land and in place of the building,
the materials thereof. (Partial loss)
 The usufructuary can insist on the use of the land and the materials for the
remainder of the term of the usufruct as the right is granted him by law as
against the wish of the owner to construct another building. While the usufruct
on a building does not expressly include the land on which it is constructed,
the land should be deemed included, for while there can be land without a
building, there can be no building without land.
 The naked owner shall pay legal interest on insurance received if it has not
been used in the construction of another building during the whole period of
the usufruct. But he may, if he desires, relieve himself of this encumbrance by
turning over the money to the usufructuary so that he may use it subject to
the obligation to return the amount to the naked owner after his death as
provided in article 612.
Where Usufruct on Building Only and it is Destroyed
 Same rule applies although the usufruct does not cover the land for the simple
reason that the use of the building necessarily involves the use of the land
 But, the owner is given the preferential right to construct another building,
occupy the land and make use of the material even against the objection of
the usufructuary
 The only right of the usufructuary is to receive during the continuance of the
usufruct, legal interest on the value of the land of the materials.
CASE DOCTRINES
 A life usufruct constituted on the rentals of the fincas situadas located at a
certain place includes the rentals both on the building and the land on which
it is erected, because the building can not exist without the land. Hence, the
usufruct is not extinguished by the destruction of the building, for under the
law usufruct is extinguished only by the total loss of the thing subject of the
encumbrance. (Vda de Albar v Carandang)
Art. 608. If the usufructuary shares with the owner the insurance of the tenement
given in usufruct, the former shall, in case of loss, continue in the enjoyment of
the new building, should one be constructed, or shall receive the interest on the
insurance indemnity if the owner does not wish to rebuild.
Should the usufructuary have refused to contribute to the insurance, the owner
insuring the tenement alone, the latter shall receive the full amount of the
insurance indemnity in case of loss, saving always the right granted to the
usufructuary in the preceding article. (518a)
Payment of Cost of Insurance
 Neither the owners nor the usufructuary is under obligation to insure the
property in usufruct. Should they do so, and –
- The usufructuary shares with the owner in insuring the property, the
usufructuary shall continue to enjoy the new building to be constructed,
or if the owner does not wish to rebuild, the usufructuary shall receive
the legal interest on the insurance proceeds which will go to the owner.
- The usufructuary refuses to contribute to the insurance, and so the
owner pays it alone, the owner gets the full insurance indemnity in case
of loss, the right of the usufructuary being limited to the legal interest
on the value of the land and of the materials.
 The article is silent where the usufructuary alone pays the insurance, or where
both share in the payment thereof, as to the proportion of their contribution
to the insurance.
Art. 609. Should the thing in usufruct be expropriated for public use, the owner shall
be obliged either to replace it with another thing of the same value and of similar
conditions, or to pay the usufructuary the legal interest on the amount of the
indemnity for the whole period of the usufruct. If the owner chooses the latter
alternative, he shall give security for the payment of the interest. (519)
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 TITLE VI - CHAPTER 4: EXTINGUISHMENT OF USUFRUCT
Art. 610. A usufruct is not extinguished by bad use of the thing in usufruct; but if the
abuse should cause considerable injury to the owner, the latter may demand that
the thing be delivered to him, binding himself to pay annually to the usufructuary
the net proceeds of the same, after deducting the expenses and the
compensation which may be allowed him for its administration. (520)
Expropriation of Thing in Usufruct
 The expropriation of the thing does not extinguish the usufruct.
 Article 609 allows the substitution of the thing by an equivalent thing.
 If the thing in usufruct is expropriated for public use, the naked owner is given
the option:
- to replace it with another thing of the same value and of similar
conditions, or
- to pay to the usufructuary the legal interest on the amount of indemnity
for the whole period of the usufruct.
 In the latter case, the owner shall give security for the payment
of the interest.
Effect of Bad Use
 Bad use of the thing in usufruct does not extinguish the right of the
usufructuary whether there is security or not. The usufruct continues.
 But if the bad use causes considerable injury to the owner, not to the thing
itself, the owner is given the right to demand that the thing be delivered to
him, binding himself to pay annually to the usufructuary the net proceeds of
the same, after deducting the expenses and the compensation which may be
allowed him for its administration.
 This is true where the usufructuary has not given any security or the security
given is insufficient especially if the owner has no property.
 The second part of the provision can hardly apply where there is sufficient
security for “no considerable injury” could possible be caused to the owner.
Art. 611. A usufruct constituted in favor of several persons living at the time of its
constitution shall not be extinguished until death of the last survivor. (521)
Usufruct in Favor of Several Persons
 Usufruct is extinguished by the death of the usufructuary unless a contrary
intention appears.
 The usufruct is not extinguished until the death of the last survivor. As the
usufruct continues, the rights of any usufructuary who dies shall accrue to the
surviving usufructuaries.
- The only exception is when the title constituting the usufruct provides
otherwise as where the usufruct is constituted in a list and will and
testament and the testator makes a contrary provision.
Policarpio vs Asuncion [Usufruct in Favor of Several Persons]
The SC emphasized that in cases where the right of usufruct is given to more than one person,
said usufruct will be extinguished only upon the death of the last surviving usufructuary. So in
this case, the proceeds of the deceased usufructuaries would have to go to the surviving
usufructuaries since their death did not extinguish said usufruct.
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be
delivered to the owner, without prejudice to the right of retention pertaining to
the usufructuary or his heirs for taxes and extraordinary expenses which should
be reimbursed. After the delivery has been made, the security or mortgage shall
be cancelled. (522a)
Obligation of Usufructuary to Return the Thing Upon Termination of the Usufruct
 Upon the termination of the usufruct, it is the duty of the usufructuary to
return the property to the naked owner.
 The usufructuary is expressly granted the right of retention until he is
reimbursed for the amount of taxes levied on the capital and for the increase
in value caused by extraordinary repairs.
 He has no right to reimbursement for useful improvements.
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