Civil Code > TITLE VIII JOINT OWNERSHIP, USUFRUCT AND OTHER RIGHTS IN RAM 2

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Chapter 2. Usufruct

Section 1. General Provisions

Art. 1309.- Definition.

(1) Usufruct it’s the right of using and enjoying things or rights subject to the duty of preserving their substance.

(2) It may apply to land, chattels, rights or an inheritance.

Art. 1310.- References.

(1) Unless otherwise provided, the rules governing the acquisition, transfer or loss of ownership of corporeal chattels shall apply tot eh acquisition, transfer or loss of an usufruct relating to corporeal chattels.

(2) Unless otherwise provided, the rules governing the acquisition, transfer or extinction of credits and other incorporeal rights shall apply to the acquisition, transfer and extinction of a right of usufruct relating to credits or other incorporeal rights or an inheritance.

Art. 1311.- Rights of the usufructuary.

(1) The usufructuary shall be entitled to the possession, use and enjoyment of the thing.

(2) He shall administer the thing.

Art. 1312. Management.

In the exercise of his rights, the usufrcutuary shall comply with the rules of sound management.

Art. 1313.- Upkeep of the thing.

The usufructuray shall bear the normal costs of upkeep of the thing and management expenses, as well as the payment of interest upon debts charged thereon.

Art. 1314.- ordinary charges.

(1) The usufructuray shall pay, when they are due, annual taxes and other charges on the thing which are normally paid out of the income.

(2) The usufructurary who has paid the land taxes charging an immovable may not claim to have thereby acquired the ownership of or a right on such immovable to the prejudice of the bare owner.

Art. 1315.- Extraordinary charges.

(1) Any extraordinary charge on the thing during the course of the usufruct shall be borne by the owner of the land.

(2) Where the usufructuary does not lend him the necessary sums without interest, the owner may, in order to pay such charge, sell things or rights to which the usufruct extends.

Art. 1316.- Inventory.

The owner and the usufructuary may at any time require that an inventory be made at the joint cost of both parties of the goods to which the usufruct extends.

Art. 1317.- Restoration of thing.

(1) The usufructuary shall restore the thing to the owner upon the termination of the usufruct.

(2) He shall be liable for the loss or deterioration of the thing unless he can show that such loss or deterioration occurred without any fault on his part.

Art. 1318.- Rights in rem.

(1) The usufrcuuary may not charge the thing to which the usufruct extends with any right in rem capable of impairing the rights of the owner.

(2) In particular, he may not give such thing in pledge to the prejudice of the rights of the owner.

(3) Where the usfurcutuary disregards the prohibitions laid down in this Article without the consent of the owner, the latter may terminate the usufruct without compensation.

Art. 1319.- Loss of thing.

(1) The usufruct shall be extinguished by the loss of the thing to which it extends.

(2) The usufruct shall extend to the equivalent value of the thing in case of its expropriation or requisition.

Art. 1320.- Insurance.

(1) The owner and the usufructuary may, where they think fit, insure their respective rights.

(2) Unless otherwise provided, the insurance effected by the owner shall not benefit the usufructuary.

(3) Unless otherwise provided, the insurance effected by the usufructuary shall not benefit the owner.

Art. 1321.- Valuation of the goods.

(1) Unless otherwise agreed, an assessment of the value of the goods to which the usufruct extends made in an inventory or any other instruments shall not transfer the ownership of the goods to the usufrucuary.

(2) The usufructuary shall upon the termination of the usufruct restore the goods themselves to the owner and not the value at which they were assessed.

Art. 1322.- Extinction of usufruct.

(1) The usufruct shall terminate upon the death of the usufructuary or where the period of time for which it was created expires.

(2) The usufruct of bodies corporate or property with a specific destination shall terminate after thirty years or such shorter period as may have been fixed.

Art. 1323.- Owner disposing of thing.

(1) Without prejudice to the provisions of Art. 1315, any act whereby the owner disposes of the thing or right to which the usufruct extends shall not affect the rights of the usufructuary.

(2) The usufraucuary shall retain his rights unless he has expressly waived them.

Art. 1324.- Protection of the owner.

(1) An owner who can show that his rights are in jeopardy may required sureties from the usufructuary.

(2) He may at any time require sureties prior to restoration where the usufruct extends to consumable goods.

(3) Where the usufructuary fails on request to produce sureties within a reasonable period of time or where after the owner has objected he continues to make unlawful use of the thing the court shall order the thing to be vested in a usufructuatory.

Section 2. Special rules regarding usufruct of corporeal goods

Art. 1325.- Absence of liability of owner.

(1) The usufructuary shall take the thing in the condition in which the find it.

(2) He may not require the owner to repair it.

Art. 1326.- Use of thing.

(1) The usufructuary of a corporeal chattel may use it for normal purposes having regard to its nature.

(2) He shall not be liable to pay compensation for depreciation caused by ordinary wear and tear.

Art. 1327.- Consumable things.

(1) Where the usufruct relates to things which cannot be sued without being consumed, the usufructuary shall become the owner thereof.

(2) Upon the extinction of the usufruct, he shall pay the value of the things calculated at the time the usufruct was created.

Art. 1328.- Fruits.

(1) The usufructuary shall become the owner of the natural fruits produced by the thing at the time when such fruits are in good faith separated from the thing according to its destination or custom.

(2) Fruits collected in excess of his entitlement shall be returned to the owner.

Art. 1329.- Treasure.

The usufructuary shall have no right on a treasure that might be discovered during the currency of the usufruct.

Art. 1330.- Limits of rights of usufructuary.

(1) The usufructuary may not abuse his rights.

(2) He may not substantially alter the thing to which the usufruct extends nor change its purpose.

(3) The owner may satisfy himself in a reasonable manner that the usufructuary complies with his duties under this Article.

Art. 1331.- Leasing of the thing.

(1) The usufructuary may lease the thing to which the usufruct extends.

(2) He shall become the owner from day to day of the rents produced by the thing.

Art. 1332.- Termination of lease.

(1) The leasing of the thing shall terminate when the usufruct it self terminates.

(2) Leases made in respect of a land or building between the usufructuary and a farmer or tenant shall bind the owner and third parties for a period of three years from the termination of the usufruct.

(3) Where the usufruct terminates, the owner may forthwith terminate any such lease where he can show that it was made in abnormal conditions and in fraud of his rights.

Art. 1333. Working plan.- 1. When necessary.

The owner or usufructuary may require that a working plan be prepared in respect of the thing where the usufruct extends.

Art. 1334.- 2. How prepared.

(1) The working plan shall be prepared by agreement between the parties.

(2) Failing agreement, it shall be prepared by one or more experts appointed by the court and shall be approved by the court.

Art. 1335.- 3. Alternation.

The working plan may be altered on the request of either party where exceptional circumstances prevent its being carried into effect or it appears for economic reasons desirable that it be altered.

Art. 1336.- Improvements.

(1) Unless otherwise agreed, the usufructuary shall be entitled to no compensation for any improvement he may have made on the thing.

(2) He shall be entitled to no compensation for any building he may have made on the land given in usufruct.

(3) He may, upon the termination of the usufruct, take such building down and restore the land to its previous condition.

Art. 1337.- Considerable repairs. -1. Definition.

Considerable repairs are repairs which entail an expenses exceeding the average yearly income derived from the thing to which the usufruct extends.

Art. 1338.- 2. Duties of usufructuary.

(1) The usufructuary shall inform the owner where considerable repairs need be made for the preservation of the thing.

(2) He shall not himself make such repairs unless he rendered them necessary in particularly by failing to maintain the thing since the usufruct originated.

Art. 1339.- 3. Making of considerable repairs.

(1) The owner shall not be bound to make considerable repairs on the thing.

(2) Where the owner decides to make considerable repairs, the usufructuary shall accept the inconvenience arising therefrom.

(3) In making the repairs, the owner shall have regard to the interests and convenience of the usufructuary.

Art. 1340.- Debts under a mortgage.

(1) The usufructuary shall not be liable for the debts under a mortgage charging the thing to which the usufruct extends.

(2) Where he has been compelled to pay them, he may require the owner to reimburse him.

Art. 1341.- Action of usufructuary.

(1) The usufructuary may claim the thing to which the usufruct extends.

(2) He may bring all actions relating to the possession of such thing.

Art. 1342.- Duty to inform owner.

(1) The usuferucuary shall report to the owner any person who, during the currency of the usufruct, commits acts of usurpation or otherwise interferes with the rights of the owner.

(2) Where he fails so to inform the owner, he shall be liable for any damage as thought he had himself caused the damage.

Art. 1343.- Loss of thing.

Neither the owner nor the usufructuary shall be bound to rebuild what has collapsed as a result of decay or has been destroyed by accident.

Art. 1344.- Partial loss.

Where part of the thing to which the usufruct extends is lost, the usufructuary shall retain his rights on what remains.

Art. 1345.- Usufruct of flock.

(1) Where the flock to which the usufruct extends is a loss by reason of accident or disease without the usufructuary being at fault, the usufructuary shall return the hides to the owner or refund their value,

(2) Where the flock is not a total loss, the usufructuary shall replace the animals lost out of the increase from breeding.

Art. 1346.- Limitation.

(1) Any claim arising from changes made in or damage occasioned to the thing shall be barred where the owner does not bring it within one year from the thing having been returned to him.

(2) The right of the usufructuary to remove any installation made by him shall be barred after the same period of time.

Section 3. Special rules regarding usufruct of credits and incorporeal rights

Art. 1347.- Income.

The usufructuary of a credit or an incorporeal thing shall acquire the interests, arrears due and dividends on the day on which they mature.

Art. 1348.- Subscription for new shares.

(1) The usufructuary shall not acquire the ownership of exceptional profits which may derive from the right to which the usufruct extends.

(2) His right of usufruct shall extends to such profits.

Art. 1349.- Subscription for new shares.

(1) Where a preferential right of subscription is granted in respect of a share to which to the usufruct extends, the right to subscribe for the new shares shall belong to the owner of the share.

(2) The usufructuary’s right shall extend to the new shares subscribed for by the owner or to the proceeds of the sale of the subscription rights,

Art. 1350.- Capital constituted by credit or right.

(1) Where the credit or right to which the usufruct extends is satisfied or discharged during the usufruct the principal shall not be paid to the usufructuary unless the owner has agreed thereto.

(2) Where the owner does not authorize the payment of the sum to the usufructuary, the debt shall be validly discharged where the debtor deposits the sum.

(3) The owner or usufructuary may demand that such deposit be made where the credit has matured.

Art. 1351.- Usufruct of an annuity.

The usufruct of an annuity shall enable the usufructuary during the term of the usufruct to collect arrears without being liable for compensation.

Art .1352. Issue of distinct title deeds.

(1) The owner or the usufrucuary may require from the creditor or the establishment which issued the securities to which the usufruct extends that two separate title deeds be delivered to them at their cost evidencing their respective rights as owner and usufructuary.

(2) The provisions of sub-art. (1) shall not apply to bank notes.

Section 4. Right of occupation of premises.

Art. 1353. Definition.

The right of occupation of premises is the right to live in a house or to occupy a part thereof.

Art. 1354.- Beneficiary of right.

Unless otherwise provided, whosoever benefits by a right of occupation of premises may live in the house concerned with his spouse, his direct ascendants or descendants and his servants.

Art. 1355.- Right extending to part of a house.

Where the right extends to part of a house, the beneficiary of such right may use all installations intended for common use.

Art. 1356.- Expenses of maintenance.

(1) The beneficiary shall bear the costs arising from ordinary maintenance repairs of a house or flat intended to be used by him only.

(2) Where the right of occupation is exercised concurrently with the right of the owner, the latter shall bear such costs.

Art. 1357.- Right not transmissible.

The right of occupation of premises is inalienable and shall not pass to the heirs of the beneficiary.

Art. 1358.- Other provisions applicable.

The provisions regarding usufruct shall apply in addition to those of this Section.

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