Table of Contents
SECTION IV - OF THE OBLIGATIONS OF THE OWNER
Art. 44. The owner of the thing subject to the usufruct, is bound to deliver said thing to the usufructuary or to let him take possession of the same.
Art. 45. He is bound neither to occasion any trouble or any obstacle to the enjoyment of the usufructuary, nor to impair the rights of the usufructuary either by his own deed, or in any manner whatever.
Art. 46. He is not at liberty either before or after the delivery of the thing, to make any alteration on premises or things subject to the usufruct, whereby the condition of the usufructuary may become worse, although the estate itself may be bettered by them. Hence he cannot raise the buildings nor cause any other to be erected in a place where there was none, unless it be with the consent of the usufructuary. He may still less cut down any trees of a wood, demolish a building, or make any other alteration to the injury of the usufructuary. And if he does, he shall be bound to make good the losses and damages which may result.
Art. 47. The owner of an estate subject to the usufruct, cannot lay said estate under any service, unless it be done in such a manner, as to be no injury to the usufructuary.
Art. 48. If the usufructuary cannot have the enjoyment because of some obstacle which the proprietor is bound to remove, the latter shall make good the losses and damages which are sustained by the non enjoyment, as if there be an eviction or any other disturbance against which the proprietor is bound to warrant, or if he refuses the usufructuary any necessary services which he is bound to render him.
Art. 49. The proprietor is not bound to re-build or restore to good condition that which happens to be demolished or damaged at the time that the usufruct is acquired, unless it happened by a fraud of his, or unless he was obliged by the title to put the things in a good condition.
Art. 50. The proprietor may mortgage or sell his estate, without the consent of the usufructuary, but he is prohibited from doing it in such circumstances and under such conditions as may be injurious to the enjoyment of the usufructuary.
SECTION V - HOW USUFRUCT EXPIRES
Art. 51. The right of the usufruct expires by the death of the usufructuary.
Art. 52. If the title of the usufruct has limited the right to it to commence or determine at a certain time, or in the event of a certain condition, the right will not commence or determine till the condition shall have happened or the time shall be elapsed.
Art. 53. If the usufructuary is charged to restore the usufruct to another person, his right to the usufruct will determine, whenever the time for making said restitution arrives.
Art. 54. The usufruct granted until a third person shall arrive at a certain age, lasts until that time, although the third person should die before the age is fixed on.
Art. 55. The usufruct which is granted to corporations, or other companies which do not die, lasts only thirty years.
Art. 56. The usufruct expires before the death of the usufructuary, by the extinction of the thing subject to the usufruct.
Thus the usufruct which is assigned upon a building, expires, if the building is destroyed by fire or any other accident, or if it falls down through the decay of years.
In this case the usufructuary would not even have the usufruct of the materials of this building, nor the place in which it stood. For the usufruct is to be restrained to what is specified in the title. But if the usufruct be assigned upon an estate of which the building is a part, the usufructuary shall enjoy both the soil and the materials.
Art. 57. If it happens that a part of the house be destroyed and that there remains another part of it, the usufruct will be preserved of that part of the house which remains, and of the place on which stood the part of the house which is destroyed, for the said place makes part of the said house and is an accessory to the part of it that remains.
Art. 58. Although the thing subject to the usufruct may be sold by the proprietor, or by his creditors upon an order of seizure, this sale makes no alteration in the right of the usufructuary, who continues to enjoy the same, unless he has formally renounced it. But if the thing subject to the usufruct, was mortgaged by the person who granted such usufruct, before he granted it, the usufructuary may be evicted of his right in consequence of the claim of the mortgage creditors; but in that case the usufructuary has his action against the proprietor of the thing upon which the usufruct was assigned, as has been said in the third section of the present title. In the same manner the usufructuary may be deprived of his usufruct by the seizure and sale which may be made of the same by his own creditors.
Art. 59. The usufruct may be forfeited likewise by the non enjoyment of this right by the usufructuary during thirty years.
Art. 60. The usufruct is again extinguished by the circumstance of the usufruct and property being vested in one and the same person. The reason is that no stipulated services can be due by a thing to the owner of said thing.
Art. 61. In fine the usufruct may cease by the abuse which the usufructuary makes in his enjoyment either in committing waste on the estate or in suffering it to go to decay, for want of repairs. In such case the judge may according to circumstances, order that the proprietor shall re-enter into the enjoyment of the property subject to the usufruct, on condition that he shall pay annually to the usufructuary or his representatives, a sum which shall be fixed on by the judge in proportion to the importance of the usufruct, until the time when the usufruct was to expire.
Art. 62. When the whole of the usufruct has expired the thing which was subject to it returns to and becomes again incorporated with the property, and from that time the person who had only the bare property, begins to enter into a full and entire property of the thing.
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