USUFRUCT IN GENERAL

 

 

DEFINITION:

Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (Art. 562)

“a real right, of a temporary nature, which authorizes its holder to enjoy all the benefits which result from the normal enjoyment of another’s property, with the obligation to return, at the designated time, either the same thing, or, in special cases, its equivalent.’’

FUNDAMENTAL RIGHTS OF A USUFRUCTUARY

(a)    Jus utendi (the right to use)

(b)   Jus fruendi (right to the fruits)

FORMULAE

(a)    Full ownership = Naked ownership + usufruct

(b)   Naked Ownership = Full ownership – usufruct

(c)    Usufruct = Full ownership – Naked ownership

CHARACTERISTICS OR ELEMENTS OF USUFRUCT

(A)   Essential characteristics

-          Those without which it cannot be termed usufruct

(1)    It is a real right

(2)    It is of temporary nature or duration

(3)    Its purpose is to enjoy the benefits and derive all advantages from the object as a consequence of normal use or exploitation

(B)   Natural Characteristics

-          That which ordinarily is present, but a contrary stipulation can eliminate it because it is not essential

(1)    The obligation of conserving or preserving the form and substance of the thing

(C)   Accidental Characteristics or elements

-          Those which may be present depending upon the stipulation of the parties

REQUISITES OF USUFRUCT

1.       The essential – the real, temporary right to enjoy another’s property

2.       The natural – the obligation to preserve its form or substance

REASONS FOR CONSERVING FORM AND SUBSTANCE

(a)    To prevent extraordinary exploitation

(b)   To prevent abuse

(c)    To prevent impairment

OBJECT OF USUFRUCT

(a)    May be real or personal property

(b)   May be sterile or productive

(c)    May be created over a right as long as it is not strictly personal or intransmissible and as long as it has an independent existence

CLASSIFICATIONS OF USUFRUCT

(1)    As to whether or not impairment of object is allowed

(a)    Normal

o   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

o   also known as perfect or regular usufruct

(b)   Abnormal (art. 562)

o   involves things which would be useless to the usufructuary unless they are consumed or expended

o   also called imperfect, irregular, or quasi-usufruct

(2)    As to origin (Art. 563)

(a)    Legal

-          created by law or declared by law

(b)   Voluntary

-          created by will of the parties, either by act inter vivos, such as contract or donation, or by act mortis causa, such as in a last will and testament

(c)    Mixed

-          acquired by prescription

-          both the law and the volition of the person participate in its creation

(3)    As to number of usufructuaries (art. 564)

(a)    Simple

-          If there is only one usufructuary

(b)   Multiple

-          If there are several usufructuaries

o   Simultaneous

§  At the same time

o   Successive (Art. 611)

§  One after another

(4)    As to effectivity or extinguishment (art. 564)

(a)    Pure

-          If there is no term or condition

(b)   With a term or period

-          If there is a period which may be either suspensive or resolutory

o   Ex die

§  From a certain day

o   In diem

§  Up to a certain day

o   Ex die in diem

§  From a certain day up to a certain time

(c)    Conditional

-          If it is subject to a condition which may be either suspensive or resolutory

(5)    As to quality or kind of object (art. 564)

(a)    Of things

-          If it involves tangible property

(b)   Of rights

-          If it involves intangible property as rights are, but the rights must not be strictly personal or instransmissible

(6)    As to quantity or extent of object (Art. 564)

(a)    Total

-          If it is constituted on the whole of a thing

(b)   Partial

-          If it is constituted only on a part of a thing

(7)    As to extent of owner’s patrimony

(a)    Universal

(b)   Particular

RIGHTS OF ACTION AVAILABLE TO USUFRUCTUARY

(a)    Action to protect the usufruct itself

(b)   Action to protect the exercise of the usufruct

USUFRUCT V. EASEMENTS

USUFRUCT	EASEMENT
The object here may be real or personal property	Involves only real property
What can enjoyed here are all uses and fruits of the property	Limited to a particular use
Cannot be constituted on an easement; but may be constituted on the land burdened by an easement	An easement may be constituted in favour of, or burdening, a piece of land held in usufruct
Usually extinguished by death of usufructuary	Not extinguished by the death of the owner of the dominant estate

SIMILARITIES:

(a)    Both are real rights

(b)   Both right may be registered

(c)    Both may ordinarily be alienated or transmitted in accordance with the formalities set by law

USUFRUCT V. LEASE

	USUFRUCT	LEASE
As to extent	Covers all fruits and uses	Generally covers only a particular or specific use
As to nature	Always a real right	Is a real right only if, lease is over a real property, the lease is registered, or is for more than 1 yr
As to the creator of the right	Can be created only by the owner, or by a duly authorized agent, acting in behalf of the owner	Lessor may or may not be the owner
As to origin	May be created by law, contract, last wil, or prescription	May be created only be contract or mandated by law
As to cause	Owner is more or less passive, and he allows the usufructuary to enjoy the thing given in usufruct – “deja gozar”	Owner or lessor is more or less active, and he makes the lessee enjoy – hace gozar
As to repairs	Has the duty to make the ordinary repairs	Lessee generally has no duty to pay for repairs
As to taxes	The usufructuary pays for the annual charges and taxes on the fruits	Lessee generally pays no taxes
As to other things	A Usufructuary may lease the property itself to another	The lessee cannot constitute a usufruct on the property leased

RULES GOVERNING A USUFRUCT

1.       The agreement of the parties or the title giving the usufruct

2.       In case of deficiency, apply the Civil Code

·         In case of conflict between the rights granted a usufructuary by virtue of a will, and codal provisions, the former, unless repugnant to the mandatory provisions of the Civil Code, should prevail. (Fabie v. David)