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CHAPTER 3 – OBLIGATIONS OF THE on the amount spent by the

USUFRUCTUARY owner for extraordinary


repairs (Article 594) and the
proper interest on the sums
Article 583. The usufructuary, before paid as taxes by the owner
entering upon the enjoyment of the (Article 597)
property, is obliged to: To indemnify the naked
owner for any losses due to
a. To make, after notice to the owner or his negligence or of his
his legitimate representative, an transferees (Article 589-
inventory of the property, which 590)
shall contain an appraisal of the 2. The making of an inventory is not
movables and a description of the necessary before the commencement of
condition of the immovables; the right of the usufructuary or the
b. To give security, binding himself to coming into existence of the usufruct but
fulfill the obligations imposed upon is merely a condition to be complied
him in accordance with this Chapter. with before the usufructuary may
enter into the possession and
1. Obligations of the usufructuary may be enjoyment of the property.
classified into three groups: 3. In making the inventory, the
1. Those before the usufruct To make an inventory of the concurrence of the naked owner is
begins property not required.
To give security
a. It is sufficient that he is notified of
2. Those during the To take care of the property
usufruct: (Article 589) such fact personally or through a
To replace with the young legitimate representative.
thereof animals that die or b. Note that the law says legitimate
lost in certain cases when and not legal. So allowed are the
the usufruct is constituted
on flock or herd of livestock spouses, ascendants,
(Article 591) descendants, etc.
To make ordinary repairs 4. The expenses of the inventory should be
(Article 592.1) borne by the usufructuary. Rationale:
To notify the owner of
urgent extraordinary repairs
it is his duty to do so.
(Article 593) 5. Article 583 does not provide for a form of
To permit works and inventory. This it may be contained in
improvements by the naked a private instrument. But to affect third
owner not prejudicial to the
usufruct (Article 595)
persons, must be in a public instrument.
To pay annual taxes and 6. The inventory must contain an
charges on the fruits Article itemized list and an appraisal of the
596) movables and description of the
To pay debts when the condition of the immovables.
usufruct is constituted on
the whole of the patrimony 7. Obligation to give security:
(Article 598) a. Purpose – to insure the fulfillment
To secure the naked by the usufructuary of the
owner’s or court’s approval obligations imposed upon him
to collect credits in certain
cases (Article 599) including the duty to return to the
To notify the owner of any owner the thing in usufruct upon
prejudicial act committed by the termination of the usufruct.
third persons (Article 601) b. Form – does not specify the form
To pay for court expenses
and costs regarding usufruct
of security that should be given.
(Article 602)
Those at the termination of To return the thing in Article 584. The provisions of No. 2 of the
the usufruct usufruct to the naked owner preceding paragraph shall not apply to the
unless there is a right of
donor who has reserved the usufruct of the
retention (Article 612)
To pay legal interest for the property donated, or to the parents who are
time that the usufruct lasts, usufructuaries of their children’s property,
except when they contract a second Furthermore, the owner may, if he so
marriage. desires, until the usufructuary gives security
1. Note: the donor or the parents are not or is excused from so doing, retain in his
exempted from the obligation of making possession the property in the usufruct as
an inventory. administrator, subject to the obligation to
deliver to the usufructuary the net proceeds
Article 585. The usufructuary, whatever the thereof, after deducting the sums which
title of the usufruct, may be exempt from may be agreed upon or judicially allowed
the obligation of making an inventory or of him for such administration.
giving security, when no one will be injured 1. The proceeds of sale of movables and
thereby. credit instruments, and the net proceeds
1. The usufructuary may be excused from of immovables placed under
the obligation in the following cases: administration shall belong to the
a. Where the naked owner usufructuary.
renounces or waives his right to 2. The potestative right to retention
the inventory or security. and administration in paragraph 3
b. Where the title constituting the subsists until the usufructuary gives
usufruct relieves the usufructuary security or is excused from so doing.
from the obligation. (Frequently 3. Until he gives the proper security, the
true in those constituted by a last usufructuary cannot enter upon the
will and testament or by a deed of possession and enjoyment of the
donation in view of the trust property.
which the testator or donor has in a. He may not collect any matured
the usufructuary.) credits nor invest capital in
c. Where the usufructuary asks that usufruct without the consent of
he be exempted from the the owner or judicial
obligation and no one will be authorization. (Article 599)
injured thereby. (Usufructuary b. The failure to give security does
may apply to the courts for relief not extinguish the right of
if the naked owner refuses to usufruct. (Article 603)
grant the exemption in case, for 4. Note that Article 586 speaks only of
example, the usufruct is over the security. It would seem that the
right to receive a periodic income. failure of the usufructuary to make
No one will be injured because the an inventory, when not excused,
capital or the property itself is not does not have the same effect as
delivered to the usufructuary.) when security is not given.

Article 586. Should the usufructuary fail to Article 587. If the usufructuary who has not
give security in the cases in which he is given security claims, by virtue of a promise
bound to give it, the owner may demand under oath, the delivery of the furniture
that the immovables be placed under necessary for his use, and that he and his
administration, that the movables be sold, family be allowed to live in a house included
that the public bonds or instruments of in the usufruct, the court may grant this
credit payable to order or to bearer be petition, after due consideration of the
deposited in a bank or public institution, and facts.
that the capital or sums in cash and the The same rule shall be observed with
proceeds of the sale of the movable property respect to implements, tools and other
be invested in safe securities. movable property necessary for an industry
The interest on the proceeds of the sale of or vacation in which he is engaged.
the movables and that of the public If the owner does not wish that certain
instruments and bonds, and the proceeds of articles be sold because of their artistic
the property placed under administration, worth or because they have a sentimental
shall belong to the usufructuary. value, he may demand their delivery to him
upon his giving of security for the payment although the law does not provide for a
of the legal interest on their appraised minimum number.
value. 2. First paragraph – the usufructuary has the
1. Applies when the usufructuary who is duty to make replacement although the
under obligation to give security cannot death of the animals is due to natural
afford to do so and no one is willing to causes. Replacement is to be made only
give security for them. from the young produced (although they
2. May allow the usufructuary to enjoy the are fruits or which ordinarily belong to the
property upon taking oath, in lieu of giving usufructuary) so that if there are no
security: young or the number of the young is less
a. To take care of the property, and than that of the animals that dies, the
b. Retain it until the termination of usufructuary has no duty to replace
the usufruct. or to fill up the difference. Rationale:
3. The usufructuary must first ask the naked Replacement is justified to preserve the
owner to grant him the rights mentioned, form and substance of the animals.
and should the latter refuse, he may 3. Under the second and third paragraphs,
resort to the courts. there is no duty to replace provided the
4. Articles with artistic or sentimental value usufructuary is without fault.
may not be sold. a. Note: even if the partial loss is
due to the fault of the
Article 588. After the security is given by the usufructuary, the usufruct
usufructuary, he shall have a right to all the continues with the remainder.
proceeds and benefits from the day on Bad use does not extinguish the
which, in accordance with the title usufruct but the owner may bring
constituting the usufructuary, he should the necessary action for the
have commenced to receive them. protection of his rights.
1. This refers to the retroactivity of giving 4. Fourth paragraph – if the animals are
security. sterile, usufruct shall be treated as
constituted on fungible things. Article 574
Article 589. The usufructuary shall take care applies.
of the things given in usufruct as a good
father of a family. Article 592. The usufructuary is obliged to
1. The usufructuary should exercise the make ordinary repairs needed by the thing
same diligence over the property in given in usufruct.
usufruct which he would exercise over his By ordinary repairs are understood as such
own. are required by the wear and tear due to the
natural use of the thing and are
Article 590. A usufructuary who alienates or indispensable for its preservation. Should
leases his right of usufruct shall answer for the usufructuary fail to make them after
any damage which the things in usufruct demand by the owner, the latter may make
may suffer through the fault or negligence them at the expense of the usufructuary.
of the person who substitutes him. 1. The defects requiring ordinary repairs
1. The usufructuary is the owner of the right must have occurred during the usufruct,
of usufruct. whether with or without the fault of the
2. Hence, he may alienate or lease his right. usufructuary.
3. The liability of the usufructuary is founded 2. If the defects are due to the fault of the
on his duty to preserve the form and usufructuary, he is liable for damages and
substance on the thing in usufruct. he cannot renounce the usufruct to
exempt himself from liability.
Article 591. 3. The usufructuary is not liable for
1. A flock or herd implies a group or deterioration resulting from wear
company of animals, or many animals, and tear not due to his fraud or
negligence, unless the deterioration
could have been prevented or for the preservation of the
arrested by ordinary repairs and he thing.
failed to make them without valid 4. Rule for c:
reason. a. If the owner shall make them, at
his expense.
Article 593. Extraordinary repairs shall be at b. If the usufructuary shall make
the expense of the owner. The usufructuary them, has the right to the
is obliged to notify the owner when the increase in value, provided the
need for such repairs is urgent. following are present:
i. He notified the owner of
Article 594. If the owner should make the the urgency of the
extraordinary repairs, he shall have a right repairs.
to demand of the usufructuary the legal ii. Owner failed to make the
interest on the amount expended for the repairs notwithstanding
time that the usufruct lasts. the notification.
Should he not make them when they are iii. Repair is necessary for
needed for the preservation of the thing, the the preservation of the
usufructuary may make them; but he shall property.
have the right to demand of the owner the 5. Right of retention:
increase in value which the immovable may a. Usufructuary has a right of
have acquired by reason of the repairs. retention even after the
1. The law does not impose an obligation on termination of the usufruct until
the naked owner or the usufructuary to he is reimbursed for the
make extraordinary repairs on the increase in value of the
property in usufruct. It is optional for property caused by
them to make such repairs. extraordinary repairs for
2. Extraordinary repairs – repairs which are preservation.
not ordinary. The following are
extraordinary repairs: Article 595. The owner may construct any
a. Those required by the wear and works and make any improvements of which
tear due to the natural use of the the immovable in usufruct is susceptible, or
thing but not indispensable for its make new plantings thereon if it be rural,
preservation. provided that such acts do not cause a
b. Those required by the diminution in the value of the usufruct or
deterioration of or damage to the prejudice the right of the usufructuary.
thing caused by exceptional 1. The owner has no right to demand legal
circumstances but not interest on his expenses because they
indispensable for its preservation. were voluntarily incurred by him.
c. Those required by the 2. The owner may even alienate his property
deterioration of or damage to the or make changes thereon as long as he
thing caused by exceptional does not impair the right of the
circumstances and are usufructuary (Article 581).
indispensable for its preservation.
3. Rule for a and b above: Article 596. The payment of annual taxes
a. Owner cannot be compelled to and charges and of those considered as a
make them. If they should make lien on the fruits shall be at the expense of
them, at his expense and with a the usufructuary for all the time that the
right to demand of the usufruct lasts.
usufructuary legal interest during
the duration of the usufruct. Article 597. The taxes which, during the
b. Usufructuary may make them but usufruct, may be imposed directly on the
he is not entitled to indemnity capital shall be at the expense of the owner.
because they are not needed
If the latter has paid them, the usufructuary credits and invest the capital
shall pay him the proper interest on the which must be at interest,
sums which may have been paid in that with the consent of the naked
character; and, if the said sums have been owner or approval of the
advanced by the usufructuary, he shall court. The credits themselves
recover the amount thereof at the belong to the naked owner but
termination of the usufruct. the usufructuary has the right to
1. Usufructuary must pay annual charges use and invest them, and to
and taxes imposed upon the fruits receive the interest therefrom.
(expenses affecting fruits). 2. In every case, the capital must be with
2. A real property tac being a burden upon sufficient security to preserve its integrity.
the capital, should be paid by the owner
of the land and not by a usufructuary. Article 600. The usufructuary of a
mortgaged immovable shall not be obliged
Article 598. if the usufruct be constituted on to pay the debt for the security of which the
the whole of a patrimony, and if at the time mortgage was constituted.
of its constitution the owner has debts, the Should the immovable be attached or sold
provisions of Articles 758 and 759 relating judicially for the payment of the debt, the
to donations shall be applied both with owner shall be liable to the usufructuary for
respect to the maintenance of the usufruct whatever he may lose by reason thereof.
and to the obligation of usufructuary to pay 1. In case the immovable is attached or sold
such debts. judicially due to nonpayment of the debt,
The same rule shall be applied in case the the usufructuary has a right o action
owner is obliged, at the time the usufruct is against the owner for whatever the former
constituted, to make periodical payments, may lose thereby.
even if there should be no known capital. 2. The usufructuary may mortgage his right
1. Applies to a universal usufruct. of usufruct which is a real right.
2. The liability of the usufructuary for the
debts of the naked owner is the same as Article 601. The usufructuary shall be
that of the donee under Article 758 and obliged to notify the owner of any act of a
759. third person, of which he may have
3. In the absence of stipulation, the knowledge, that may be prejudicial to the
usufructuary shall be responsible rights of ownership, and he shall be liable
only when the usufruct was created should he not do so, for damages as though
in fraud of creditors which is always they had been caused through his fault.
presumed when the owner did not 1. Speaks of any act which may be
reserve sufficient property to pay his prejudicial to the rights of ownership and
debts prior to the creation of the not merely of the naked ownership.
usufruct. 2. Where the act affects possession,
although this is in the usufructuary, he
Article 599. should notify the owner because the latter
1. Usufruct of matured credits. has an interest in defending it.
a. If he has given sufficient security, a. The usufruct will ultimately revert
he may claim matured credits to the owner, and injury to the
forming part of the usufruct, collet usufructuary’s possession will also
them and use and invest, with or result in injury to the right of
without interest, the capital he ownership.
has collected, in any manner he
may deem proper. Article 602. The expenses, costs and
b. If he has not given security, or liabilities in suits brought with regard to the
that is given is not sufficient, or usufruct shall be borne by the usufructuary.
he has been excused from giving
security, he may collect the