1.

POSSESSION
Concept: The holding of the thing or the enjoyment of a right with the intention to
possess in ones own right.
Elements:
1.
there must be holding or control of a thing or right;
exception: those cases mentioned in ART.537.
2.
the holding or control must be with intention to possess.
3.
it must be in ones own right.
v
1.
2.
v
1.
2.
3.

4.
v
1.
2.
3.

possession is characterized by two relations:

the possessors relation to the property itself;
the possessors relation to the world
form or degrees of possession
possession without any title whatever mere holding or possession without
any right or title at all e.g. thief, squatter;
possession with a juridical title possession is predicated on a juridical
relation existing between the possessor and the owner of the thing but not in the
concept of owner e.g. lessee, usufructuary, agent, pledgee, trustee;
possession with a just title possession of an adverse claimant whose title is
sufficient to transfer ownership but is defective e.g when the seller is not the
true owner or could not transmit his rights thereto to the possessor who acted in
good faith;
possession with a title in fee simple possession derived from the right of
dominion or possession of an owner note: THIS IS THE HIGHEST DEGREE OF
POSSESSION
nature of possession
as an act it is simply the holding of a thing or the enjoyment of a right with
the intention to possess ones own right;
as a fact when there is holding or enjoyment, then possession exists as a
fact; it is the state or condition of a person having property under his control;
as a right refers to the right of a person to that holding or enjoyment to the
exclusion of all others having better right than the possessor; it may be :
-jus possidendi or right to possession which is incidental to and included in
the right of ownership;
-jus possessionis or right of possession independent of and apart from the
right of ownership

*possession as a fact:

a possessor has a right to be respected in his possession, and should he be

disturbed therein, he shall be protected in or restored to said possession;
2.
possession is not a definitive proof of ownership nor is non possession
inconsistent therewith; possession, however, may create ownership either by
occupation or by acquisitive prescription
v

classes of possession

1.
2.

possession in ones own name or in the name of another;

possession in the concept of owner or possession in the concept of the
holder;
3.
possession in good faith or possession in bad faith
v

extent of possession

1.

actual possession is the occupancy in fact of the whole or at least

substantially the whole;
2.
constructive possession- is occupancy of part in the name of the whole under
such circumstances that the law extends the occupancy to the possession of the
whole
*DOCTRINE OF CONSTRUCTIVE POSSESSION
possession in the eyes of the law does not mean that a man has to have
his feet on every square meter of ground before it can be said that he is in
possession;
the general rule is that the possession and cultivation of a portion of a
tract of land under claim of ownership of all is constructive possession;
the exception is in relation to the size of the tract in controversy with
reference to the portion actually in possession of the claimant
note: the doctrine does not apply where the possession is wrongful or the part
allegedly constructively possessed is in the adverse possession of another
ART.524
NAME UNDER WHICH POSSESSION MAY BE EXERCISED
1.

in ones own name: the fact of possession, and the right to such possession
are found in the same person such as the actual possession of an owner or a
lessor of land;
2.
in the name of another: the one in actual possession is without any right of
his own, but is merely an instrument of another in the exercise of the latters
possession, such as the possession of an agent, servant or guard; it may be:

-voluntary as when exercised by virtue of an agreement;

-necessary or legal as when exercised by virtue of law, such as the
possession in behalf of incapacitated person
ART.525
CONCEPT IN WHICH POSSESSION MAY BE HAD
v
2 concepts:
1.
possession in the concept of owner:
-takes place when the possessor of a thing or right, by his actions ,is considered or is
believed by other people as the owner, regardless of the good or bad faith of the
possessor;
-it is possession under a claim of owership or title by one who is the owner himself or
one who is not the owner but claims to be and acts as the owner;
2.
possession in the concept of holder:
-takes place when the possessor of a thing or right holds it merely to keep or enjoy it,
the ownership pertaining to another person;
-it is possession not under claim of ownership, the possessor acknowledging in
another a superior right which he believes to be of ownership, whether this be true or
not;
*possession in concept of both owner and holder or in neither:
-distinction must be borne in mind between possession of the thing itself and
possession of the right to keep or enjoy the thing;
-rights are possessed in the concept of owner
ART.526
POSSESSOR IN GOOD FAITH AND POSSESSOR IN BAD FAITH DEFINED
1.

possessor in good faith is one who is not aware that there exists in his title or
mode of acquisition any flaw which invalidates it;
2.
possessor in bad faith is one who possesses in any case contrary to the
foregoing e.g. he is aware that there exists in his title or mode of acquisition a
flaw which invalidates it
note: the distinction between the two kinds of possession is important principally in
connection with the receipt of fruits and the payment of expenses and improvements
and the acquisition of ownership by prescription under art. 1127;

-the distinction is immaterial in the exercise of the right to recover under art. 539
which speaks of every possessor;
-the good or bad faith is necessarily personal to the possessor but in the case of a
principal and any person represented by another, the good or bad faith of the agent
or legal representative will benefit or prejudice him for whom he acts

1.
2.
3.

requisites for possession in good faith or in bad faith

the possessor has a title or mode of acquisition;
there is a flaw or defect in said title or mode;
the possessor is unaware or aware of the flaw or defect or believes that the
thing belongs or does not belong to him

*mistake upon a doubtful or difficult question of law may be the basis of good faith;
-the phrase refers to honest error in the application of the law or interpretation of
doubtful or conflicting legal provisions or doctrines;
-it is different from ignorance of the law;
-ignorance of the law may only be a basis of good faith in exceptional circumstances
ART.527
PRESUMPTION OF GOOD FAITH
-the provision does not say that good faith exists, but it is presumed;
-it is just because possession is the outward sign of ownership
e.g of the presumption:
-defendants possession of personal property alleged to have been stolen will be
presumed to have been acquired in good faith until that presumption is overcome by
satifactory evidence;
-a purchaser of property at a public auction by the sheriff is a possessor in good
faith although ejected therefrom by a subsequent judgment in favor of the real
owner in the absence of proof of bad faith
ART.528
CESSATION OF GOOD FAITH DURING POSSESSION
-possession which begins in good faith is presumed to continue in good faith until
the possessor acquires knowledge of the facts showing a defect or weakness in his
title

*bad faith begins or good faith is interrupted from the time the possessor becomes
aware that he possesses the thing improperly or wrongfully NOT from the time
possession was acquired;
in the absence of other facts showing the possessor's knowledge of defect
in his title, good faith is interrupted from the receipt or service of judicial
summons;
a possessor in good faith is entitled to the fruits only so long as his
possession is not legally interrupted, and so long as his possession is not
legally interrupted, and such interruption takes place upon service of judicial
summons
ART.529
CONTINUITY OF THE CHARACTER OF THE POSSESSION
-the character of the possession is presumed to continue until the contrary is proved

other presumptions affecting possession:

uninterrupted possession of hereditary property (art.533 par.1);
possession with just title (art.541);
possession with movables with real property (art.542);
exclusive possession of common property (art.543);
continuous possession (art.544);
uninterrupted possession (art.561);
possession during intervening period (art. 1138 [2])
ART.530
OBJECT OF POSSESSION
1.
2.

must be susceptible of being appropriated;

need not be susceptible of prescription

2.
3.
v

by the subjection of the thing or right to our will;

by proper acts and legal formalities established for acquiring such right of
possession
material occupation or exercise of a right

1.

with respect to things law requires material occupation as one of the modes
of acquiring possession;
does not have the juridical and technical sense under art. 712 for
purposes of acquiring ownership, but in its general and material sense or
usual and common meaning

2.

with respect to rights such rights are intangible and cannot logically be
occupied, what is required is the exercise of a right

*the material occupation of a thing as a means for acquiring possession may take
place not only by actual delivery but also by constructive delivery;
*it includes;
-tradicion brevi manu which takes place when one already in possession of
a thing by a title other than the ownership continues to possess the same under a
new title, that of ownership;
-tradicion constitutum possessorium which happens when the owner
continues in possession of the property alienated not as owner but in some other
capacity
v
subject to the action of will
-occupation has the effect of subjecting things to the action of the possessors will;
the same is true of proper acts and legal formalities;
-the law contemplates a distinct cause of acquiring possession and not merely an
effect; it refers to the right of possession than to possession as a fact;
*2 kinds of constructive delivery:
-tradicion longa manu which is effected by the mere consent or agreement
of the parties;
-tradicion simbolica which is effected by delivering an object

CHAPTER 2
ACQUISITION OF POSSESSION
ART.531
WAYS OF ACQUIRING POSSESSION
1.

by the material occupation or exercise of a right;

v
proper acts and legal formalities
-refers to acquisition by virtue of a just title;
ART. 532
BY WHOM POSSESSION ACQUIRED

1.
2.
3.

personally or by the same person who is to enjoy it;

thru an authorized person or by his legal representative or agent;
thru an unauthorized person or by any person without any power or authority
whatever

acquisition of possession through another

-

possession acquired by a person personally or thru another, may be

exercised by him in his own name or in that of another;
if a person authorized to acquire possession for another acted beyond his
powers, the principal is not bound unless the latter ratifies the act of
acquisition; the exception is when a person voluntarily manages the property
or business of another; in such case, the strangers possession take effect
even without ratification by the owner of the property or business

ART.533
ACQUISITION OF POSSESSION THROUGH SUCCESSION
-

the rights to the succession are transmitted from the moment of the death
of the decedent;
the effects of the acceptance or repudiation retroact to the moment of the
death of the decedent;
if the inheritance is accepted, the possession of the hereditary property is
deemed transmitted by operation of law to the heir without interruption and
from the moment of the decedents death
- if the inheritance is validly renounced, the heir is deemed never to have
possessed the same

ART.534
EFFECTS OF BAD FAITH OF DECEDENT ON HEIR
-

the heir shall not suffer the consequences of the wrongful possession of
the latter because bad faith is personal to the decedent and is not transmitted
to the heirs;
the heir suffers the consequences of ssuch possession only from the
moment he becomes aware of the flaws affecting the decedents title

1.

possession by persons without capacity refers to unemancipated minors

and other persons who have no capacity to act as ;
2.
possession of incorporeal things;
3.
acquisition of possession by material occupation as a general rule,
acquisition of possession by the action of our will and by the proper acts and
legal formalities is not applicable to incapacitated persons;
4.
exercise of rights of possession through legal representatives once
possession of a thing is acquired by such persons, there is born the right of
possession of their legal representatives
ART.536
RECOURSE TO THE COURTS
- the above provision applies to one who believes himself the owner of real property,
if he takes justice in his own hands, he is a mere intruder and can be compelled to
return the property in an action for forcible entry
ART. 537
ACTS WHICH DO NOT GIVE RISE TO POSSESSION
-such acts do not affect possession; the true possessor is deemed to have enjoyed
uninterrupted possession
1.
force or intimidation, as long as there is a possessor who objects thereto
-rule does not apply if possessor makes no objection, withdraws his objection, or
takes no action whatsoever after initially objecting to the deprivation;
2.
acts merely tolerated, which do not refer to all kinds of tolerance on the part of
the owner or possessor in view of the use of the word merely;
3.
acts executed clandestinely and without the knowledge of the possessor,
which mean that the acts are not public and unknown to the possessor or owner
ART. 538
POSSESSION AS A FACT AT THE SAME TIME IN TWO DIFFERENT
PERSONALITIES
-

ART.535
ACQUISITION AND EXERCISE OF RIGHTS OF POSSESSION BY MINORS AND
INCAPACITATED PERSONS
v

personalities as used in the provision is not synonymous to persons;

possession as a fact may exist at the same time in two or more distinct
personalities but, as a general rule, the law will recognize only one as the
actual or real possessor; the exception is provided in cases of
co
possession (art.484)
preference of possession:

4.
1.
2.
3.
4.

the present or actual possessor shall be preferred;

if there are two possessors, the longer in possession;
if the dates of possession are the same, the possessor with a title;
if all the above are equal, the fact of possession shall be judicially determined,
and in the meantime ,the thing shall be placed in judicial deposit
5.
CHAPTER 3
EFFECTS OF POSSESSION

6.

ART.539
RIGHTS OF EVERY POSSESSOR
v
1.
2.

whether in the concept of the owner or holder, the ff are his rights:
right to be respected in his possession;
right to be protected in or restored to said possession by legal means should
he be disturbed therein;
3.
right to secure from a competent court in an action for forcible entry the
proper writ to restore him in his possession
v
1.
2.
3.
4.

remedies of persons deprived of possession

forcible entry or unlawful detainer;
accion publiciana;
accion reinvindicatoria;
replevin or manual delivery of personal property

ART. 540
POSSESSION AS BASIS FOR ACQUIRING OWNERSHIP
1.

as holder cannot be the basis of prescription nor possession acquired

through force or intimidation, merely tolerated, or which is not public and
unknown to the present possessor;

2.

as equitable mortgage where the contract entered into was judicially

declared to be actually an equitable mortgage rather than a contract of sale of a
parcel of land, constructive possession over the land cannot ripen into
ownership as it cannot be said to have been acquired and enjoyed it the concept
of owner;

3.

as claimant under a possessory information title;

as claimant under a certificate of title the rule is well settled that mere
possession cannot defeat the title of a holder of a registered Torrens title to real
property; but the true owner of the property may be defeated by an innocent
purchaser for value notwithstanding the fraud employed by the seller in securing
title;
as possessor of forest land cannot ripen into private ownership;
as possessor of a different kind of land since the subject lot is a different
kind of land, the possession no matter how long will not confer possessory rights
over the same

*tax declarations, assessments, or payment of tax do not prove ownership of the

property nor are even sufficient to sustain a claim for possession over a land, they
are merely an indicum of a claim of ownership
ART. 541
POSSESSOR IN CONCEPT OF OWNER PRESUMED WITH JUST TITLE
-the just title does not always mean a document or a written instrument;
-the possessor may prove his title by witness;
-actual or constructive possession under claim of ownership raises the disputable
presumption of ownership
*burden of proving just title
1.
the onus probandi is on the plaintiff who seeks the recovery of property;
2.
a person who is not, in fact, in possession cannot acquire a prescriptive right
to a land by the mere assertion of a right therein
*different kinds of title
1.
the just title presumed by the provision is title which by itself is sufficient to
transfer ownership without need of possessing the property for the period
necessary for acquiring title by prescription;
-the presumption of just title does not apply in acquisitive prescription;
2.

for purposes of prescription, there is just title when the adverse claimant
came into possession of the property thru one of the modes recognized by law
for the acquisition of ownership or other real rights;

3.

a colorable title is one which a person has when he buys a thing in good faith,
from one who is not the owner but whom he believes is the owner;

4.

it is to be distinguished from putative title, being one which a person believes

he has but in fact he has not because there was no mode of acquiring
ownership

RIGHT OF POSSESSOR IN GOOD FAITH TO FRUITS RECEIVED

-

ART.542
POSSESSION OF REAL PROPERTY PRESUMED TO INCLUDE MOVABLES
-the provision refers to material possession only of things; rights are not covered;
-the possession may be in the concept of owner or holder, in ones own name or in
anothers, or in good faith or bad;
ART. 543
EXCLUSIVE POSSESSION OF PREVIOUS CO OWNER DEEMED CONTINUOUS

note: the right of the possessor in good faith is limited to the fruits, referring to
natural, industrial, and civil fruits; other things belong to the owner of the land; but the
possessor in good faith is liable for reasonable rents being civil fruits, from the time
of the interruption of good faith
v

when fruits considered received

1.

in the case of natural and civil fruits considered received from the time they
are gathered or severed;
fruits gathered before legal interruption belong to the possessor in good
faith;
if the fruits are still ungathered or unharvested, art. 545 applies

2.

in case of civil fruits their accrual, NOT their actual receipt, shall determine
when they are considered received at the time that good faith is legally
interrupted;
they are deemed to accrue daily and belong to the possessor in good faith
in that proportion

-the provision speaks of co possession of a thing, not of co ownership;

-the effects of the division retroact to the commencement of the co possession, but
the division shall be without prejudice to the rights of creditors
v

the fruits of a thing generally belong to the owner but a possessor in good
faith is entitled to the fruits received until good faith ceases and bad faith
begins

interruption in possession of the thing

-

both the benefits and the prejudices that might have taken place during
the co possession shall attach to each of the co participants;
prescription obtained by a co pocessor or co owner shall benefit the
others;
interruption in the possession of the whole or part of a thing shall be to the
prejudice of all possessors;
possession is interrupted for purposes of prescription either naturally
(when through any cause it should cease for more than one year) or civilly
(when the interruption is produced by judicial summons to the possessor; in
civil interruption, inly those possessors served with judicial summons are
affected)

ART. 545
PROPORTIONATE DIVISION OF FRUITS AN EXPENSES
-

note: according to the above provision, interruption must refer to the whole thing
itself or part of it and not to a part or right of a co possessor;
-in a co possession, there is only one thing and many possessors, if the right of a
co possessor is contested, he alone shall be prejudiced; with respect to the thing ,
the prejudice shall be against all;
-the reason behind this is that the thing being undivided, it would be unjust to make
the injury to fall on only one co-possessor although only the possession of a part of
the thing may have been interrupted
ART. 544

the article does not apply when the possessor is in bad faith, the fruits are
civil, or fruits are natural or industrial but they have been gathered or severed
when good faith ceases
a possessor in bad faith has no right whatsoever to the fruits gathered or
pending except necessary expenses for gathered fruits;
the article does not apply to civil fruits which are produced daily;
with respect to fruits already gathered at the time good faith ceases, art.
544 applies
sharing of expenses and charges:

if there are pending natural and industrial fruits at the time good faith
ceases, the two possessors shall share in the expenses of cultivation and the
charges in proportion to the time of possession;

under art. 545, the expenses are not shared in proportion to what each
receives from the harvest; in certain cases, unjust enrichment may result

which has the character of a real right registrable as an encumberance on the

certificate of title;

option of the owner

the owner or new possessor who recovers possession has the option to
either:
1. pay the possessor in good faith indemnity for his cultivation expenses and
charges and his share in the net harvest or;
2. to allow instead the possessor in good faith to finish the cultivation and
gathering of the growing fruits in lieu of said indemnity

BAD FAITH: if the possessor is in bad faith, he is entitled only to a refund

without right of retention

refusal of the possessor in good faith for any reason whatsoever to accept the
concession forfeits his right to be indemnified in any manner

the rule in art. 545 that the expenses shall be borne in proportion to the
period of possession cannot apply;
if the fruits are merly insufficient, the same should be divided in proportion
to their respective expenses;
if there are no fruits, each should bear his own expenses subject to the
rights of the possessor in good faith to be refunded for necessary expenses
under art.546, unless the owner or new possessor exercises his option as
mentioned above

ART. 546
GENERAL RULES AS TO EXPENSES
1.
2.

USEFUL EXPENSES
-

where there are no fruits or fruits less than expenses

-

a possessor whether in good faith or bad faith, is not granted the right of
removal with respect to necessary expenses as they affect the existence or
substance of the property itself

are expenses which add value to a thing, or augment its income, or

introduce improvements thereon or increase its usefulness to the possessor,
or better serve the purpose for which it was intended;
GOOD FAITH: if the possessor is in good faith, he has also the right of
reimbursement and retention, as with regard to necesary expenses, or he
may remove them provided such can be done without damage to the
principal thing;
the rights of the possessor in good faith are subject to the superior right of
a prevailing party to exercise his option either to pay the amount of the
expenses or the increase in the value of the thing

BAD FAITH: if the possessor is in bad faith, he has no right whatsoever,

neither refund nor retention nor removal, regarding useful expenses;

Useful expenses incurred during the period of retetion by a possessor in

good faith are to be considered in bad faith;

possessor in good faith entitled to many rights;

possessor in bad faith generally without rights;

NECESSARY EXPENSES
-

are those incurred for the preservation of the thing; seeks to prevent the
waste, deterioration or loss of the thing;
GOOD FAITH: if possessor is in good faith, he shall be entitled to be
refunded;
he may retain the thing until he is reimbursed therefor;
during period of retention he cannot be obliged to pay rent or damages for
refusing to vacate premises forhe is merely exercising hs right of retention

ART. 547
REMOVAL OF USEFUL IMPROVEMENTS
1.

possessor in good faith right of removal is subject to 2 conditions:

the removal can be done without damage or injury to the principal thing;
the prevailing party does not choose to keep the improvements by
refunding the expenses incurred or paying the increase in value which the
thing may have acquired by reason thereof
if the two conditions are present, the prevailing party cannot refuse the
possessors right to remove but he cannot compel him to remove; the right is
purely potestative; if the first condition is not present and the prevailing party
-

does nor choose to reimburse the possessor in good faith, the latter has no right
to remove
2.

possessor in bad faith he cannot remove the useful improvement even if

removal is possible without injury to the principal thing; the rule is different with
respect to improvements for pure luxury or mere pleasure (art.549)

a.
b.
c.
2.
3.

the useful improvements must have been attached to the principal thing in a
more or less permanent way that their removal would necessarily cause some
damage or injury to the thing;
the damage must be substantial or one that will cause diminution in the value
of the property

4.
5.
6.

note: injuries which only need ordinary repairs are not covered and the possessor
may remove the improvements; the repairs are at the expense of the possessor
since it is he who is benefitted by the removal

ART.550
COSTS OF LITIGATION OVER PROPERTY

ART. 548
EXPENSES FOR PURE LUXURY OR MERE PLEASURE
-

are expenses not necessary for the preservation of a thing nor do they
increase its productivity although they add value to the thing, but are incurred
merely to embellish the thing and for convenience or enjoyment of particular
possessors

1. GOOD FAITH if the possessor is in good faith, he is not entitled to refund but
may remove the ornaments on 2 conditions:
-the principal thing suffers no damage or injury thereby;
-the successor in possession does not prefer to refund the amount
expended
3.
BAD FAITH the possessor in bad faith has the same rights above but the
owner or lawful possessor is liable only for the value of the ornaments, in case he
prefers to retain them, at the time he enters into possession

1.

FRUITS: he is entitled to the fruits;

shall be borne by the possessor of the propery because they redound to

his benefit, the court action being necessary to maintain his possession;
every possessor refers really to any possessor; it does not include the
prevailing party who succeeds in the possession

ART.551
IMPROVEMENTS CAUSE BY NATURE OR TIME
-

the provision covers all the natural accessions which must follow the
ownership of the principal thing, and generally, all improvements that are not
due to the will of the possessor
ART.552
LIABILITY FOR LOSS OR DETERIORATION
1.

possessor in GOOD FAITH:

a. before receipt of judicial summons, a possessor in good faith is presumed to
continue in the same character;
he is not liable to the owner for damages caused to the property even if
due to his fault or negligence;
b. after receipt of judicial summons, his good faith is converted into bad faith

2.

possessor in BAD FAITH:

-he is liable whether or not the loss or deterioration occurred before or after
receipt of judicial summons and whether or not due to a fortuitous event

note: neither the possessor in good faith nor the possessor in bad faith is entitled to
reimbursement for luxurious expenses unless the prevailing party decides to keep
the improvements
ART. 549
RIGHTS AND LIABILITIES OF POSSESSOR IN BAD FAITH

he must reimburse the value of fruits received subject to art. 443;

he has no right whatsoever with respect to pending fruits (art. 449);
he must reimburse the value of fruits which the legitiamate possessor could
have received subject to art. 443;
NECESSARY EXPENSES: he is only entitled to reimbursement without right
of retention
USEFUL EXPENSES: he is entitled to refund and forfeits the improvements;
no right of removal;
LUXURIOUS EXPENSES: he is not entitled to refund; he loses the
improvements but he is granted the limited right of removal;
CHARGES: he shall share them with the owner or lawful possessor in
proportion to the time of their possession;
DETERIORATION OR LOSS: he is always liable, whether due to his fault or
negligence, or due to a fortuitous event

ART.553
IMPROVEMENTS WHICH HAVE CEASED TO EXIST
-

having ceased to exist, the owner or lawful possessor who came too late
cannot benefit from them;
but he is liable for necessary expenses even if the thing for which they
were incurred no longer exists;
necesary expenses are not considered
improvements

ART.554
PRESUMPTION OF POSSESSION DURING INTERVENING PERIOD

by assignment
is understood to mean the complete transmission of the thing or right to
another by any lawful manner;
it may either be onerous or gratuitous;
the effect is that he who was the owner or possessor is no longer so
-

by destruction, total loss, or withdrawal from commerce

-

the provision contemplates a situation where a present possessor is able

to prove his possession of a property at a prior period but not his possession
during the intervening period;
he is presumed to have the property continuously without interruption,
unless the contrary is proved

v
v

ART.555
MODES OF LOSING POSSESSION
-

v
-

the provision applies both to real and personal property except no. 4
which obviously refers to real property
by abandonment
the voulutary renunciation of all rights which a person has over a thing
thereby allowing a third person to acquire ownership or possession thereof by
means of occupancy;
abandoner may be the owner or a mere possessor, but the latter
obviously cannot abandon ownership which belongs to another;
since abandonment involves the renunciation of property right, the
abandoner must have a right to the thing possessed and the legal capacity to
renounce it;
there must be an intention to abandon (spes recuperandi is gone and
the animus revertendi is finally given up;
by voluntary abandonment, thing becomes without an owner or
possessor and is converted into res nullius and may thus be acquired by a
third person by occupation;

abandonment which converts the thing into res nullius, ownership of

which may be acquired by occupation can hardly apply to land, as to which
said mode of acquisition is not available

a thing is lost when it perishes, or goes out of commerce, or disappears in

such a way tht its existence is unknown, or cannot be recovered
by possession of another for more than one year
this refers to possession de facto and not de jure
by recovery by lawful owner or possessor

recovered in an reinvindicatory action or in an action to recover the better

right of possession

ART. 556
LOSS OF POSSESSION OF MOVABLES
1.

the possession of movables shall be deemed lost when they cease to be

under the control of the possessor;
2.
possession is not lost by the mere fact that the possessor does not know for
the time being the precise whereabout of a specific movable when he has not
given up all hope of finding it
ART. 557
LOSS OF POSSESSION OF IMMOVABLES AND REAL RIGHTS WITH RESPECT
TO THIRD PERSONS
-

third persons are not prejudiced except in accordance with the provisionss
of the mortgage law and registration law

ART. 558
POSSESSORY ACTS OF A MERE HOLDER

-the possessor referred in this provision is the same possessor mentioned in art.
525;
-acts relating to possession of a mere holder do not bind or prejudice the possessor
in the concept of owner unless said acts were previously authorized or subsequently
ratified by the latter;
-possession may be acquired for another by a stranger provided there be
subsequent ratification
ART. 559
RIGHT OF POSSESSOR WHO ACQUIRES MOVABLE CLAIMED BY ANOTHER
v

if the acquisition was in good faith, below are the rules:

1.

possession equivalent to a title

DOCTRINE OF IRREINVINDICABILITY provides that possession of a movable is

presumed ownership; it is equivalent to a title; no further proof is necessary
-

2.

*the ff are some exceptions:

where the owner of the movable is, by his conduct, precluded from
denying the sellers authority to sell;
where the law enables the apparent owner to dispose of the movable as if
he were the true owner thereof;
where the sale is sanctioned by statutory or judicial authority
ART. 560
POSSESSION OF ANIMALS
*animals may be:
wild;
domesticated;
domestic or tame
ART. 561
LAWFUL RECOVERY OF POSSESSION UNJUSTLY LOST

the rule is necessary for the purposes of facilitating transactions on

movable property which are usually done without special formalities;
the possessors title is however not absolute; it is equivalent to title but not
title itself; it is merely presumptive because it can be defeated by the true
owner

the article applies both to possession in good faith as well as to

possession in bad faith, but only if beneficial to the possessor;
the recovery of possession must be according to law, that is ,through legal
means or by requesting the aid of competent authorities;
otherwise, the benefit of continuous and uninterrupted possession during
the intervening period cannot be invoked

where owner or possessor has lost or has been unlawfully deprived of a

movable
TITLE VI USUFRUCT
-

right of ownership, a real right;

it is however necessary in order that the owner of a chattel may contest
the apparent title of the possessor that he present adequate proof of the loss
or illegal deprivation;
the legitimate owner or possessor should avail himself of the proper
remedy of replevin under the Rules;
non payment of price by transferor only creates a right to demand
payment or to rescind the contract, or to criminal prosecution in the case of
bouncing checks

where the property was acquired at a public sale the owner cannot recover
without reimbursing the price paid therefor;
4.
the rule is that no one can give what he has not; sale is a derivative mode of
acquiring ownership and the vendee gets only such rights the vendor had;

CHAPTER 1
USUFRUCT IN GENERAL
ART. 562
USUFRUCT DEFINED
-

3.

v
1.
2.

a real right , of a temporary nature, which authorizes its holder to enjoy all
the benefits which result from the normal enjoyment of anothers property,
with the obligation to return, at the designated time, either the same thing, or,
in special cases, its equivalent
characteristics:
it is a real right;
it is of temporary duration;

3.
4.

it is transmissible;
it may be constituted on real or personal property, consummable or non
consummable, tangible or intangible, the ownership of which is vested on
another

*DISTINGUISHED FROM LEASE

1.

v
1.

classification
as to whether or not impairment of object is allowed:
normal;
abnormal

2.
3.
4.
5.
6.
7.
v
1.

2.
3.

as to origin:
legal;
voluntary;
mixed

4.

as to number of usufructuaries:
simple;
multiple which may either be :
-simultaneous;
-successive
as to terms ot conditions:
pure;
with a term or period;
conditional
as to quality or kind of object:
of things;
of rights
as to quantity or extent of object
total;
partial
as to extent of owners patrimony;
universal;
particular

6.

impairment of object of usufruct is allowed into:

normal that which involves non consumable things which the usufructuary
can enjoy without altering their form or substance, though they may deteriorate or
diminish by time or by the use to which they are applied; it is also known as
perfect or regular ususfruct;
2.
abnormal that which involves things which would be useless to the
usufructuary unless they are consumed or expended

5.

as to nature of right usufruct is always a real right, lease is generally a

personal right;
as to creator of right in usufruct, the person creating it should be the owner
or his duly authorized agent, while in lease, the lessor may not be the owner;
as to origin usufruct may be created by law, contract, or will of the testator or
by prescription, while lease is generally created by contract;
as to extent of enjoyment usufruct covers all the fruits and all the uses and
benefits of the entire property, while lease generally refers to certain uses only;
as to cause usufruct involves a more or less passive owner who allows the
usufructuary to enjoy the object given in usufruct, while lease involves a more
active owner or lessor who makes the lessee to enjoy;
as to repairs and taxes the usufructuary pays for ordinary repairs and taxes
on the fruits, while in lease, the lessee is not generally under obligation to
undertake repairs or pay taxes

ART. 563
CREATION OF USUFRUCT
v
1.
2.
3.

usufruct may be classified according to how it is created into:

legal created by law or declared by law;
voluntary created by the will of the parties;
mixed that acquired by prescription; it is mixed because both the law and
the volition of the person(usufructuary) participate in its creation

ART. 564
KINDS OF USUFRUCT DEFINED
1.
2.
3.
-

as to extent of object:
total constituted on the whole of a thing;
partial constituted only on a part of a thing;
as to number of beneficiaries:
simple there is only one usufructuary;
multiple there are several usufructuaries, and the latter may be:
-simultaneously;
-successive
as to effectivity or extinguishment:
pure no term or condition;

4.
-

with a term;
conditional
as to subject matter:
over things;
over rights

ART. 565
RULES GOVERNING USUFRUCT
art. 563;
arts. 566 612

2.

as to the usufruct itself

a.
b.

to alienate the right of usufruct except parental usufruct;

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;
c.
in a usufruct pf 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;
3.

as to advances and damages

a.

to be reimbursed for indespensable extrsordinary repairs made by him in an

amount equal to the increase in value which the property may have acquired by
reason of such repairs;
b.
to be reimbursed for taxes on the capital advanced by him;
c.
to be indemnified for damages caused to him by the naked owner;
v
CHAPTER 2
RIGHTS OF THE USUFRUCTUARY
ART.566
RIGHTS OF THE USUFRUCTUARY
v
1.
a.
b.
c.
d.
e.
f.

classifications of the rights of the usufructuary

as to the thing and its fruits
to receive the fruits of the property in usufruct and half of the hidden treasure
he accidentally finds in the property;
to enjoy any increase which the thing in usufrucyt may acquire through
accession;
to personally enjoy the thing in usufruct or lease it to another;
to make on the property in usufruct such improvements or expenses he may
deem proper and to remove the improvements provided no damage is caused to
the property;
to set off the improvements he may have made on the property against any
damgae to the same;
to retain the thing until he is reimbursed for advances for extraordinary
expenses and taxes on the capital;

right of usufructuary to fruits

a.

he has the right to receive all the fruits except where the usufruct is
constituted only on a part of the fruits of a thing or where there is an agreement
to the contrary;
b.
the naked owner retains and can exercise all rights as owner over the
property limited only by the right of enjoyment of the usufructuary
ART.567
RIGHTS OF THE USUFRUCTUARY TO PENDING NATURAL AND INDUSTRIAL
FRUITS
-the provision does not apply to civil fruits for they accrue daily
1.

fruits growing at the beginning of usufruct belong to the usufructuary who is

not bound to refund to the owner the expenses of cultivation and production
incurred ;
2.
fruits growing at the termination of the usufruct belong to the owner but he is
bound to reimburse the usufructuary the ordinary cultivation expenses out of the
fruits received
note: the rights of third persons are protected
ART. 568 in relation to ART. 569
LEASE BY THE USUFRUCTUARY

the usufructuary may lease the property in usufruct to another;

if the usufructuary should expire before the termination of the lease, the
usufractuary or his heirs and the 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;

*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
ART. 573
USUFRUCT ON THINGS WHICH GRADUALLY DETERIORATE

ART.570
USUFRUCT CONSTITUED ON CERTAIN RIGHTS
-

because civil fruits accrue daily, they belong to the usufructuary in

proportion to the time the usufruct lasts;
payments and benefits 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 the owner;
the article applies whether or not the date of the distribution of benefits is
fixed

ART. 571
EXTENT OF THE RIGHTS OF THE 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 its favor;
the reason is that usufruct covers the entire jus fruendi and jus utendi

ART. 572
TRANSACTIONS BY THE USUFRUCTUARY

1.

the usufructuary is not responsible for the deterioration due to wear and tear
nor is he required to make any repairs to restore it to its former condition;
2.
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 on the property;
3.
the usufructuary does not answer for deterioration due to fortuitous event; he
is however obliged to make the ordinary repairs needed by the thing
ART. 574
USUFRUCT ON CONSUMABLE THINGS
-

*the usufructuary may primarily enjoy the thing in usufruct, that is , to possess the
thing, use it, and receive its fruits
-

but 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

the provision gives an instance of abnormal usufruct because in the

enjoyment of the property the usufructuary cannot preserve its form or
substance;
here, the thing gradually deteriorates through wear and tear, that is, by
normal use

the provision speaks of another instance of abnormal usufruct because

the thing in usufruct cannot be used without being consumed;
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 value;
2.
if there was no appraisal made, either:
-return the same quantity and quality or;
-pay its current price at such termination

ART. 575 in relation to ART. 576

USUFRUCT ON FRUIT BEARING TREES AND SHRUBS
-

the usufructuary has no obligation to replace with new plants, the dead
trees or shrubs already existing at the beginning of the usufruct;
under art. 576, if replacing the trunks could not be too burdensome, the
usufructuary must replace them, whether or not he makes use of them; the
disposition of trunks is his responsibility

ART. 577
USUFRUCT ON WOODLAND AND NURSERIES

ART. 580
RIGHT TO SET OFF IMPROVEMENTS

1.

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;
2.
in nurseries, the usufructuary may make the necessary thinnings in order that
the remaining trees may properly grow

ART. 578
USUFRUCT OF JUDICIAL ACTION TO RECOVER
-

the provision applies if the purpose of the action is to recover real property
or personal property;
under the Rules of Court, every action must be brought in the name of the
real party in interest; hence, the action may be instituted in the name of the
usufructuary

ART. 581
RIGHTS AND OBLIGATIONS OF THE NAKED OWNER
1. he may alienate the property in usufruct because the title remains vested in
him;
2. he cannot, however, alter the form and 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

ART. 579
WHERE USEFUL OR LUXURIOUS IMPROVEMENTS ARE MADE BY THE
USUFRUCTUARY

1.
2.
3.
4.
5.
6.
7.
8.

the usufructuary has the right to make improvements, useful or luxurious,

on the property held in usufruct as he may deem proper

rules:
in the exercise of the right, he must not alter the form or substance of the
property;
he may remove the improvements only if it is possible to do so without
damage to the property;
he has no right to be indemnified for the improvements if he does not exercise
his right to remove;
if the improvements cannot be removed without damage, he may se off the
same against any damage caused by him to the property;
if the usufructuary does not wish to exercise his right of removal, the owner
cannot compel him to remove the improvements;
if the usufructuary wishes to exercise his right of removal, the owner cannot
prevent him by offering to reimburse him;
the usufructuarys right to remove the improvements includes the right to
destroy them provided no damage is caused to the property;
the right to remove is enforceable only against the owner, but not against a
purchaser in good faith to whom clean title has been issued

the 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 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
USUFRUCT OF PART OF COMMON PROPERTY

a co owner of property has full ownership of his part and, he may, therefore,
alienate, assign, mortgage, or give it in usufruct without the consent of the others
except when personal rights are involved

1.

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;
2.
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;
3.
the right of the usufructuary is not affected by the division but is limited to the
fruits of said part allotted to the co owner
CHAPTER 3
OBLIGATIONS OF THE USUFRUCTUARY

ART. 583

classifications of obligations of the usufrcutuary

1.
a.
b.

those before the usufruct begins:

to make an inventory of the property;
to give security

ART. 585
WHEN THE OBLIGATION TO MAKE AN INVENTORY OR TO GIVE SECURITY
EXCUSED

2.

those during the usufruct:

1.

a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
3.

to take care of the property;

to replace with the young thereof animals that die or are lost in certain cases
when the usufruct is constituted on the flock or herd of livestock;
to make ordinary repairs;
to notify the owner of urgent extraordinary;
to permit works and improvements by the naked owner not prejudicial to the
usufruct;
to pay annual taxes and charges on the fruits;
to pay interest on taxes and charges on the fruits;
to pay debts when the usufruct is constituted on the whole of a patrimony;
to secure naked owners or courts approval to collect credits in certain cases;
to notify the owner of any prejudicial act committed by third persons;
to pay for court expenses and costs regarding usufruct

the donor or the parents are not exempted from the obligation of making an
inventory9

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;
3.
where the usufructuary asks that he be exempted from the obligation and no
one will be injured thereby
ART. 586
EFFECTS OF FAILURE TO GIVE SECURITY
1.

on rights of owners:
-

those at the termination of the usufruct

a.

to return the thing in usufruct to the naked owner unless there is a right of
retention;
b.
to pay legal interest for the time that the usufruct lasts, on the amount spent
by the owner for extraordinary repairs and the proper interest on the sums paid
as taxes by the owner;
c.
to indemnify the naked owner for any losses due to his negligence or of his
transferees

2.

on the rights of the usufructuary:

-

ART. 584
WHEN OBLIGATION TO MAKE SECURITY NOT APPLICABLE

the provision contains the legal exceptions to the obligations of the

usufructuary to give security in two cases;
the exceptions are clearly justified;
second marriage includes any subsequent marriage;

entitles the naked owner for his protection to demand that immovables be
placed under the administration or receivership, movables sold, credit
instruments be converted into registered certificates or deposited, and cash
and profits be invested but the interest on the proceeds of sale of movables
and credit instruments placed under administration shall belong to the
usufructuary;
the naked owner gets the proceeds of the sale of movables and credit
instruments

until he gives proper security, the usufructuary cannot enter upon the
possession and enjoyment of the property;
under art. 599, he may not collect matured credits nor invest capital in
usufruct without the consent of the owner or judicial authorization;
the failure to give security, however, does not extinguish the right of
usufruct, hence, the usufructuary may alienate his right to the usufruct

ART. 587
SWORN UNDERTAKING IN LIEU OF SECURITY

the provision 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

humane considerations;
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
with respect to articles with artistic or sentimental value, 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
RETROACTIVE EFFECT OF GIVING SECUIRTY
-

the articke 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 given, 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

2.

under par. 2 there is no duty to replace provided the usufructuary is without

fault;
3.
if the animals are sterile, nad ,therefore, 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
OBLIGATION TO MAKE ORDINARY REPAIRS
1.

the usufructuary is bound to make the repairs referred to without the necessity
of demand from the owner;
2.
the usufructuary is not liable for deterioration resulting from wear nad tear not
due to his fault or negligence unless the deterioration could have been prevented
or arrested by ordinary repairs and he failed to make them without valuid reason
ART. 593 in relation to ART. 594
DUTY OF OWNER TO PAY FOR EXTRAORDINARY REPAIRS

the 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 such repairs or not

*the ff are extraordinary repairs:

ART. 589
OBLIGATION TO TAKE CARE OF THE PROPERTY

1.

those required by the wear and tear due to the natural use of the thing but not
indespensable for its preservation;

2.

those required by the deterioration of or damage to the thing caused by

exceptional circumstances but not indispensable for its preservation;

ART. 590
LIABILITY FOR FAULT OR NEGLIGENCE OF SUBSTITUTE

3.

those required by the deterioration of or damage to the thing caused by

exceptional circumstances and are indispensable for its preservation

-the liability of the usufructuary is founded on his duty to preserve the form and
substance on the thing in usufruct

payment for extraordinary repairs:

the rules depend on the kind of extraordinary repairs in the same
sequence above

the usufructuary, like a possessor in giid faith, 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

this is an obligation of the usufructuary during the usufruct;

it includes the making of ordinary repairs needed by the thing given in
usufruct;

ART. 591
USUFRUCT ON A FLOCK AND HERD OF LIVESTOCK
1.

usufructuary has the duty to make replacements although the death of the
animals is due to natural causes;

ART. 595

CONSTRUCTIONS, IMPROVEMENTS, AND PLANTINGS BY OWNER

2.
-

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 does not impair the right of the usufructuary

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

ART. 600
USUFRUCT OF MORTGAGED IMMOVABLES
-

ART. 596 in relation to ART. 597

LIABILITY FOR CHARGES AND TAXES

1.

2.
3.
-

expenses affecting fruits:

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;
land taxes;
taxes levied on the capital:
must be paid by naked owner but he has the right to demand from the
usufructuary the proper interest on the sums paid

ART. 601
OBLIGATION TO NOTIFY OWNER OF PREJUDICIAL ACTS BY THIRD PERSONS
-

ART. 598
WHERE USUFRUCT COVERS ENTIRE PATRIMONY
-

the provision applies to a universal usufruct or one which covers the entire
patrimony of the owner,a nd at the time of its constitution, by donation or any
other acts inter vivos;

where there is a stipulation for the payment by the usufructuary of the debts of
the owner, the former is liable only for debts contracted by the latter before the
constitution of the usufruct;
2.
in the absence of a stipulation, the usufruct shall be responsible only when the
usufruct was created in fraud of creditors which is always presumed when the
owner did not reserve sufficient property to pay his debts prior to the creation of
the usufruct

1.

if the usufruct 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 collected in any manner as he ma ydeem proper;

the article speaks of any act which may be prejudicial to the rights of
ownership, not merely of the naked ownershio

ART. 602
OBLIGATION TO PAY FOR JUDICIAL EXPENSES AND COST

1.

ART. 599
USUFRUCT ON MATURED CREDITS

under this provision, 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;
since the mortgage is on the property itself, the debt must be paid by the
owner;
the usufructuary may mortgage his right of usufruct which is a real right

since the expenses, costs and liabilities mentioned are incurred in

connection with litigation over the possession, use and enjoyment of the thing
in usufruct 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
CHAPTER 4
EXTINGUISHMENT OF USUFRUCT

ART. 603
MODES OF EXTINGUISMENT OF THE USUFRUCT
1.
2.

by death of the usufructuary;

by the expiration of period or fulfillment of condition;

3.
4.
5.
6.
7.
8.

by merger;
by renunciation;
by the loss of the thing;
by termination of right of owner;
by prescription;
other causes such as emancipation of the child

a usufruct is not extinguished by bad use of the thing in usufruct

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 art.
612

where usufruct on building only and it is destroyed

-

ART. 604
EFFECT OF PARTIAL LOSS
to extinguish a usufruct, the loss must be total, except as provided in
articles 607 to 609;
if the loss is only partial, the usufruct continues with the remaining part;
but the partial loss may be so important as to be considered a total loss; it
is of the courts to determine the question in case of disagreement
ART. 605
USUFRUCT IN FAVOR OF JURIDICAL OR NON- JURIDICAL ENTITIES
1.
2.

fifty year limitation;

limitation not applicable to trusts

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

ART. 608
PAYMENT OF COST OF INSURANCE

neither the owners nor the usufructuary is under the obligation to insure the
property in usufruct;

should they do so:

1.
the usufructuary shares with the owner in insuring the property, the
usufructuary shall continue to enjoy the new building constructed, or if the owner
do not wish to rebuild, the usufructuary shall receive the legal interest on the
insurance proceeds which go to the owner;
2.

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
the materials

*the exception to the above rule is when the usufruct has been expressly granted
only in consideration of the existence of a third person

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. 607
WHERE USUFRUCT ON LAND AND BUILDING, AND BULIDING DESTROYED

ART. 609 in relation to ART. 610

EXPROPRIATION OF THE THING IN USUFRUCT

ART. 606
USUFRUCT WITH DURATION DEPENDENT ON AGE OF A THIRD PERSON

1.
2.
3.
-

usufruct o land and materials of building:

destruction of the building terminates the usufruct on the building but not
the usufruct on the land;
right granted as a temporary measure:
to keep the usufruct alive until the building is reconstructed or replaced;
where insurance received by the naked owner:
payment of legal interest on insurance received if it has not been used in
the construction of another building during the while period of the usufruct but
he may, if he so desires, relieve himself of this encumberance by turning over

does not extinguish the usufruct; the articl allows the substitution of the
thing by an equivalent thing;
if the thing expropriated is 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 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

if bad use causes considerable injury to the owner, not to the thing itself, the
owner is given the right provided in art. 610

the article applies whether the usufuct is constituted simultaneously or

successively

ART. 611
USUFRUCT IN FAVOR OF SEVERAL PERSONS

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

exception: when the title constituting the usufruct provides otherwise as where
the usufruct is constituted in a last will and testament and the testator makes a
contrary provision

ART. 612
OBLIGATION OF USUFRUCTUARY
TERMINATION OF USUFRUCT

TO

RETURN

THE

THING

UPON