As to number of beneficiaries:

USUFRUCTS (a) Simple, if there is only one usufructuary; or

Art. 562. Usufruct gives a right to enjoy the property of another with the (b) Multiple, if there are several usufructuaries, and the latter may be:
obligation of preserving its form and substance, unless the title constituting 1) Simultaneous (at the same time); or
it or the law otherwise provides. 2) Successive (one after another);
(3) As to effectivity or extinguishment:
Characteristics of usufruct (a) Pure, if there is no term or condition;
(1) It is a real right (whether registered or not in the Registry of Property) of (b) With a term, if there is a period which may be either suspensive (from a
use and enjoyment certain day) or resolutory (up to a certain day); or
(2) It is of temporary duration (c) Conditional, if it is subject to a condition which may be either suspensive
(3) It is transmissible (from the beginning of a certain event) or resolutory (until the happening of
(4) It may be constituted on real or personal property, consumable or non- a certain event); and
consumable, tangible or intangible, the ownership of which is vested in (4) As to subject matter:
another. (a) Over things, if it involves tangible property; or
(b) Over rights, if it involves intangible property as rights are, but the rights
Normal usufruct or that which involves non-consumable things which the must not be strictly personal or intransmissible; thus, the right to receive
usufructuary can enjoy without altering their form or substance, though support cannot be the subject matter of usufruct.
they may deteriorate or diminish by time or by the use to which they are
applied such as a house, a piece of land, furniture, etc. It is also known as RIGHTS OF THE USUFRUCTUARY
perfect or regular usufruct. (1) As to the thing and its fruits:
Abnormal usufruct or that which involves things which would be useless to (a) To receive the fruits of the property in usufruct and half of the hidden
the usufructuary unless they are consumed or expended, such as money, treasure he accidentally finds on the property. (natural, industrial and civil
grain, liquors. fruits)
It is also called imperfect, irregular, or quasiusufruct. (b) To enjoy any increase which the thing in usufruct may acquire through
accession.
Creation of usufruct (c) To personally enjoy the thing in usufruct or lease it to another.
(1) Legal or that created by law or declared by law, such as the usufruct of (d) To make on the property in usufruct such improvements or expenses he
the parents over the property of their unemancipated children may deem proper and to remove the improvements provided no damage is
(2) Voluntary or that created by will of the parties, either by act inter vivos, caused to the property.
such as contract or donation, or by act mortis causa, such as in a last will (e) To set-off the improvements he may have made on the property against
and testament any damage to the same
(3) Mixed or that acquired by prescription, such as where one believing (f) To retain the thing until he is reimbursed for advances for extraordinary
himself the owner of the property of an absentee, gave in his will the expenses and taxes on the capital.
usufruct of the property to his wife and the naked ownership to his brother,
and the wife possessed in good faith the property as usufructuary for the (2) As to the usufruct itself:
requisite prescriptive period. (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
As to extent of object: to oblige the owner thereof to give him proper authority and necessary
(a) Total, if it is constituted on the whole of a thing proof.
(b) Partial, if it is constituted only on a part of a thing
(c) In a usufruct of part of a common property, to exercise all the rights Art. 573. Whenever the usufruct includes things which, without being
pertaining to the co-owner with respect to the administration and collection consumed, gradually deteriorate through wear and tear, the usufructuary
of fruits or interests from the property. shall have the right to make use thereof in accordance with the purpose for
which they are intended, and shall not be obliged to return them at the
3) As to advances and damages: termination of the usufruct except in their condition at that time; but he
(a) To be reimbursed for indispensable extraordinary repairs made by him in shall be obliged to indemnify the owner for any deterioration they may have
an amount equal to the increase in value which the property may have suffered by reason of his fraud or negligence.
acquired by reason of such repairs.
(b) To be reimbursed for taxes on the capital advanced by him. Art. 574. Whenever the usufruct includes things which cannot be used
(c) To be indemnified for damages caused to him by the naked owner. without being consumed, the
usufructuary shall have the right to make use of them under the obligation
Right of usufructuary to pending natural and industrial fruits. of paying their appraised value at the termination of the usufruct, if they
were appraised when delivered. In case they were not appraised, he shall
Fruits growing at beginning of usufruct. — They belong to the usufructuary have the right to return the same quantity and quality, or pay their current
who is not bound to refund to the owner the expenses of cultivation and price at the time the usufruct ceases.
production incurred.
Fruits growing at the termination of usufruct. — They belong to the owner Art. 578. The usufructuary of an action to recover real property or a real
but he is bound to reimburse the usufructuary the ordinary cultivation right, or any movable property, has the right to bring the action and to
expenses out of the fruits received. 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
Rents are civil fruits. As they are deemed to accrue from day to day, they enforcement of the action he acquires the thing claimed, the usufruct shall
belong to the usufructuary in proportion to the time the usufruct may last. be limited to the fruits, the dominion remaining with the owner.

Art. 571. The usufructuary shall have the right to enjoy any increase which Art. 579. The usufructuary may make on the property held in usufruct such
the thing in usufruct may acquire through accession, the servitudes useful improvements or expenses for mere pleasure as he may deem
established in its favor, and, in general all the benefits inherent therein. 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
Art. 572. The usufructuary may personally enjoy the thing in usufruct, lease improvements, should it be possible to do so without damage to the
it to another, or alienate his right of usufruct, even by a gratuitous title; but property.
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 Art. 580. The usufructuary may set-off the improvements he may have
be considered as subsisting during the agricultural year. made on the property against any damage to the same.
Art. 581. The owner of property the usufruct of which is held by another,
EXEMPTION: may alienate it, but he cannot alter its form or substance, or do anything
1. Legal usufruct of the parent over his or her unemancipated children thereon which may be prejudicial to the usufructuary.
cannot be alienated, pledged, or mortgaged.
2. A usufruct given in consideration of the person of the usufructuary to OBLIGATIONS OF THE USUFRUCTUARY
last during his lifetime is also personal and, therefore, intransmissible. (1) Those before the usufruct begins:
(a) to make an inventory of the property
** Contents of inventory. — The inventory shall contain an itemized list and
an appraisal of the movables and description of the condition of the Art. 586. Should the usufructuary fail to give security in the cases in which
immovables. The movables must be appraised because, compared to he is bound to give it, the owner may demand that the immovables be
immovables, they are subject to greater danger of loss and deterioration. placed under administration, that the movables be sold, that the public
(b) to give security bonds, instruments of credit payable to order or to bearer be converted into
Purpose: to insure the fulfillment by the usufructuary of the obligations registered certificates or deposited in a bank or public institution, and that
imposed upon him including the duty to return to the owner the thing in the capital or sums in cash and the proceeds of the sale of the movable
usufruct upon the termination of the usufruct. property be invested in safe securities.
(2) Those during the usufruct The interest on the proceeds of the sale of the movables and that on public
(a) to take care of the property securities and bonds, and the proceeds of the property placed under
(b) to replace with the young thereof animals that die or are lost in certain administration, shall belong to the usufructuary.
cases when the usufruct is constituted on flock or herd of livestock Furthermore, the owner may, if he so prefers, until the usufructuary gives
(c) to make ordinary repairs security or is excused from so doing, retain in his possession the property in
(d) to notify the owner of urgent extraordinary repairs usufruct as administrator, subject to the obligation to deliver to the
(e) to permit works and improvements by the naked owner not prejudicial usufructuary the net proceeds thereof, after deducting the sums which may
to the usufruct be agreed upon or judicially allowed him for such administration.
(f) to pay annual taxes and charges on the fruits
(g) to pay interest on taxes on capital paid by the naked owner Art. 587. If the usufructuary who has not given security claims, by virtue of a
(h) to pay debts when the usufruct is constituted on the whole of a promise under oath, the delivery of the furniture necessary for his use, and
patrimony that he and his family be allowed to live in a house included in the usufruct,
(i) to notify the owner of any prejudicial act committed by third persons the court may grant this petition, after due consideration of the facts of the
(j) to pay for court expenses and costs regarding usufruct case.
(3) Those at the termination of the usufruct The same rule shall be observed with respect to implements, tools and
(a) to return the thing in usufruct to the naked owner unless there is a right other movable property necessary for an industry or vocation in which he is
of retention engaged.
(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 Art. 588. After the security has been given by the usufructuary, he shall have
sums paid as taxes by the owner a right to all the proceeds and benefits from the day on which, in
(c) to indemnify the naked owner for any losses due to his negligence or of accordance with the title constituting the usufruct, he should have
his transferees. commenced to receive them.

Exemption to giving security Art. 589. The usufructuary shall take care of the things given in usufruct as a
1. donor who has reserved the usufruct of the property donated good father of a family.
2. parental usufruct
3. where the naked owner renounces or waives his right to the inventory Art. 592. The usufructuary is obliged to make the ordinary repairs needed by
or security the thing given in usufruct.
4. where the title constituting the usufruct relieves the usufructuary By ordinary repairs are understood such as are required by the wear and
from the obligation tear due to the natural use of the thing and are indispensable for its
5. where the usufructuary asks that he be exempted from the obligation preservation. Should the usufructuary fail to make them after demand by
and no one will be injured thereby. the owner, the latter may make them at the expense of the usufructuary.
 2. By the expiration of the period for which it was constituted, or by the
Art. 593. Extraordinary repairs shall be at the expense of the owner. The fulfillment of any resolutory condition provided in the title creating the
usufructuary is obliged to notify the owner when the need for such repairs is usufruct
urgent. 3. By merger of the usufruct and ownership in the same person;
Art. 594. If the owner should make the extraordinary repairs, he shall have a 4. By renunciation of the usufructuary;
right to demand of the 5. By the total loss of the thing in usufruct;
usufructuary the legal interest on the amount expended for the time that 6. By the termination of the right of the person constituting the usufruct;
the usufruct lasts. 7. By prescription.
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 Art. 604. If the thing given in usufruct should be lost only in part, the right
demand of the owner at the termination of the usufruct, the increase in shall continue on the remaining part.
value which the immovable may have acquired by reason of the repairs.
Art. 605. Usufruct cannot be constituted in favor of a town, corporation, or
If made by the usufructuary, he shall have the right to demand of the owner association for more than fifty years. If it has been constituted, and before
the payment provided the following requirements are present: the expiration of such period the town is abandoned, or the corporation or
1. He notified the owner of the urgency of the repairs association is dissolved, the usufruct shall be extinguished by reason
2. The owner failed to make the repairs notwithstanding such thereof.
notification
3. The repair is necessary for the preservation of the property. Art. 606. A usufruct granted for the time that may elapse before a third
person attains a certain age, shall subsist for the number of years specified,
Right of retention. — The usufructuary, like a possessor in good faith has even if the third person should die before the period expires, unless such
the right of retention even after the termination of the usufruct until he is usufruct has been expressly granted only in consideration of the existence
reimbursed for the increase in value of the property caused by of such person.
extraordinary repairs for preservation.
Art. 607. If the usufruct is constituted on immovable property of which a
Art. 596. The payment of annual charges and taxes and of those considered building forms part, and the latter should be destroyed in any manner
as a lien on the fruits, shall be at the expense of the usufructuary for all the whatsoever, the usufructuary shall have a right to make use of the land and
time that the usufruct lasts. the materials.
The same rule shall be applied if the usufruct is constituted on a building
only and the same should be destroyed.
Art. 597. The taxes which, during the usufruct, may be imposed directly on But in such a case, if the owner should wish to construct another building,
the capital, shall be at the expense of the owner. he shall have a right to occupy the land and to make use of the materials,
If the latter has paid them, the usufructuary shall pay him the proper being obliged to pay to the usufructuary, during the continuance of the
interest on the sums which may have been paid in that character; and, if the usufruct, the interest upon the sum equivalent to the value of the land and
said sums have been advanced by the usufructuary, he shall recover the of the materials.
amount thereof at the termination of the usufruct.
EXTINGUISHMENT OF USUFRUCT Usufruct of land and materials of building. — The destruction of the building
Art. 603. Usufruct is extinguished: terminates the usufruct on the building but not the usufruct on the land.
1. By the death of the usufructuary, unless a contrary intention clearly Therefore, the usufructuary is still entitled to the use of the land and in
appears; place of the building, the materials thereof. This is a case of partial loss.
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.

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.

Art. 611. A usufruct constituted in favor of several persons living at the time
of its constitution shall not be extinguished until the death of the last
survivor.