SECTION 3 - OBLIGATIONS OF THE USUFRUCTUARY

Art. 570. The usufructuary shall cause an inventory to be made of the property subject to the usufruct. In the absence of an inventory the naked owner may prevent the usufructuary's entry into possession of the property.

The inventory shall be made in accordance with the rules established in Articles 3131 through 3137 of the Code of Civil Procedure. [Acts 1976, No. 103, §1]

Art. 571. The usufructuary shall give security that he will use the property subject to the usufruct as a prudent administrator and that he will faithfully fulfill all the obligations imposed on him by law or by the act that established the usufruct unless security is dispensed with. If security is required, the court may order that it be provided in accordance with law. [Acts 1976, No. 103, §1; Acts 2004, No. 158, §1]

Art. 572. The security shall be in the amount of the total value of the property subject to the usufruct.

The court may increase or reduce the amount of the security, on proper showing, but the amount shall not be less than the value of the movables subject to the usufruct. [Acts 1976, No. 103, §1]

Art. 573. A. Security may be dispensed with by operation of law when a person has a legal usufruct under Civil Code Article 223 or 3252.

B. Security is dispensed with by operation of law when a surviving spouse has a legal usufruct under Civil Code Article 890 unless the naked owner is not a child of the usufructuary or unless the naked owner, although a child of the usufructuary, is a forced heir of the decedent. In the latter case, the naked owner may obtain security only to the extent of his legitime.

C. Security is dispensed with by operation of law when a parent has a legal usufruct under Civil Code Article 891 unless the naked owner is not a child of the usufructuary.

D. Security is dispensed with by operation of law when a surviving spouse has a legal usufruct under Civil Code Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary. Sellers or donors of property under reservation of usufruct are not required to give security. [Acts 1976, No. 103, §1; Acts 2004, No. 158, §1]

Art. 574. A delay of giving security does not deprive the usufructuary of the fruits derived from the property since the commencement of the usufruct. [Acts 1976, No. 103, §1]

Art. 575. If the usufructuary does not give security, a proper court may order that the property be delivered to an administrator appointed in accordance with Articles 3111 through 3113 of the Code of Civil Procedure for administration on behalf of the usufructuary. The administration terminates if the usufructuary gives security. [Acts 1976, No. 103, §1]

Art. 576. The usufructuary is answerable for losses resulting from his fraud, default, or neglect. [Acts 1976, No. 103, §1]

Art. 577. The usufructuary is responsible for ordinary maintenance and repairs for keeping the property subject to the usufruct in good order, whether the need for these repairs arises from accident, from the normal use of the things, or from his fault or neglect.

The naked owner is responsible for extraordinary repairs, unless they have become necessary as a result of the usufructuary's fault or neglect in which case the usufructuary is bound to make them at his cost. [Acts 1976, No. 103, §1. Amended by Acts 1979, No. 157, §1]

Art. 578. Extraordinary repairs are those for the reconstruction of the whole or of a substantial part of the property subject to the usufruct. All others are ordinary repairs. [Acts 1976, No. 103, §1]

Art. 579. During the existence of the usufruct, the naked owner may compel the usufructuary to make the repairs for which the usufructuary is responsible.

The usufructuary may not compel the naked owner to make the extraordinary repairs for which the owner is responsible. If the naked owner refuses to make them, the usufructuary may do so, and he shall be reimbursed without interest by the naked owner at the end of the usufruct. [Acts 1976, No. 103, §1]

Art. 580. If, after the usufruct commences and before the usufructuary is put in possession, the naked owner incurs necessary expenses or makes repairs for which the usufructuary is responsible, he has the right to claim the cost thereof from the usufructuary and may retain the possession of the things subject to the usufruct until he is paid. [Acts 1976, No. 103, §1]

Art. 581. The usufructuary is answerable for all expenses that became necessary for the preservation and use of the property after the commencement of the usufruct. [Acts 1976, No. 103, §1]

Art. 582. The usufructuary may release himself from the obligation to make repairs by abandoning the usufruct or, with the approval of the court, a portion thereof, even if the owner has instituted suit to compel him to make repairs or bear the expenses of them, and even if the usufructuary has been cast in judgment.

He may not release himself from the charges of the enjoyment during the period of his possession, nor from accountability for the damages that he, or persons for whom he is responsible, may have caused. [Acts 1976, No. 103, §1]

Art. 583. Neither the usufructuary nor the naked owner is bound to restore property that has been totally destroyed through accident or because of age.

If the naked owner elects to restore the property or to make extraordinary repairs, he must do so within reasonable time and in the manner least inconvenient and onerous for the usufructuary. [Acts 1976, No. 103, §1]

Art. 584. The usufructuary is bound to pay the annual charges imposed during his enjoyment on the property subject to the usufruct, such as property taxes. [Acts 1976, No. 103, §1]

Art. 585. The usufructuary is bound to pay the extraordinary charges that may be imposed, during the existence of the usufruct, on the property subject to it. If these charges are of a nature to augment the value of the property subject to the usufruct, the naked owner shall reimburse the usufructuary at the end of the usufruct only for the capital expended. [Acts 1976, No. 103, §1]

Art. 586. When the usufruct is established inter vivos, the usufructuary is not liable for debts of the grantor. When the property subject to the usufruct is burdened with a mortgage, pledge, or privilege, the usufructuary may discharge the indebtedness and may claim reimbursement only for the capital he has expended.

In the case of a gratuitous usufruct, the action for reimbursement shall lie against the naked owner at the end of the usufruct, subject to the provisions contained in the title: Of donations inter vivos and mortis causa. In the case of an onerous usufruct, the action shall lie against the grantor, subject to the provisions contained in the title: Sale. [Acts 1976, No. 103, §1]

Art. 587. When the usufruct is established mortis causa, the position of the usufructuary relative to the payment of the debts of the succession depends upon whether the usufruct is universal, under universal title, or under particular title. The usufruct of an entire succession is universal, of a fraction thereof is under universal title, and of individually determined things is under particular title. [Acts 1976, No. 103, §1]

Art. 588. The legatee of a usufruct under particular title is not liable for the debts of the succession. When the property subject to the usufruct is burdened with a mortgage, pledge, or privilege, the usufructuary may discharge the indebtedness and may claim reimbursement only for the capital he has expended. The action for reimbursement shall lie against the naked owner at the end of the usufruct, subject to the provisions contained in the title: Of donations inter vivos and mortis causa. [Acts 1976, No. 103, §1]

Art. 589. Neither the universal usufructuary nor the usufructuary under universal title is liable for the debts of the succession. Nevertheless, the property subject to their usufruct may be seized and sold for the payment of succession debts. [Acts 1976, No. 103, §1]

Art. 590. When it is necessary to satisfy a creditor of the succession, the succession representative with the authorization of the proper court or the universal successor may sell so much of the property subject to a universal usufruct or usufruct under universal title, as may be required to yield a sum for the discharge of the indebtedness. The usufructuary may prevent the sale by advancing the funds needed in accordance with the following provisions. [Acts 1976, No. 103, §1]

Art. 591. The universal usufructuary must advance the funds needed for the discharge of all the debts of the succession.

The usufructuary under universal title must contribute to the payment of the debts of the succession in proportion to the value of the property subject to the usufruct. [Acts 1976, No. 103, §1]

Art. 592. When the usufructuary advances funds needed for the discharge of the debts of the succession, he shall be reimbursed without interest at the end of the usufruct.  When the usufructuary does not make such an advance, the universal successor may make the necessary advance, for which the usufructuary shall pay interest during the period of the usufruct, or sell a part of the property subject to the usufruct. [Acts 1976, No. 103, §1]

Art. 593. The legacy of an annuity must be acquitted wholly by the universal usufructuary. If the legacy of the usufruct is under universal title, it must be acquitted by the usufructuary in proportion to his enjoyment. [Acts 1976, No. 103, §1; Acts 1990, No. 706, §1]

Art. 594. Court costs in actions concerning the property subject to the usufruct are taxed in accordance with the rules of the Code of Civil Procedure. Expenses of litigation other than court costs are apportioned between usufructuaries and naked owners in accordance with the ensuing articles. [Acts 1976, No. 103, §1]

Art. 595. Parents who have a legal usufruct of the property of their children are bound for expenses of litigation concerning that property, in the same manner as if they were owners of it; but reimbursement may be ordered by the court at the termination of the usufruct in cases in which inequity might otherwise result. [Acts 1976, No. 103, §1]

Art. 596. Conventional usufructuaries are bound for expenses of litigation with third persons concerning the enjoyment of the property. Expenses of litigation with third persons concerning both the enjoyment and the ownership are divided equitably between the usufructuary and the naked owner. Expenses of litigation between the usufructuary and the naked owner are borne by the person who has incurred them. [Acts 1976, No. 103, §1]

Art. 597. The usufructuary who loses a predial servitude by nonuse or who permits a servitude to be acquired on the property by prescription is responsible to the naked owner. [Acts 1976, No. 103, §1]

Art. 598. If, during the existence of the usufruct, a third person encroaches on the immovable property or violates in any other way the rights of the naked owner, the usufructuary must inform the naked owner. When he fails to do so, he shall be answerable for the damages that the naked owner may suffer. [Acts 1976, No. 103, §1]

Art. 599. When the usufruct includes a herd of animals, the usufructuary is bound to use it as a prudent administrator and, from the increase of the herd, replace animals that die. If the entire herd perishes without the fault of the usufructuary, the loss is borne by the naked owner. [Acts 1976, No. 103, §1]

Art. 600. The usufructuary may dispose of individual animals of the herd, subject to the obligation to deliver to the naked owner at the end of the usufruct the value that the animals had at the time of disposition.

The usufructuary may also dispose of the herd or of a substantial part thereof, provided that he acts as a prudent administrator. In such a case, the proceeds are subject to the provisions of Article 618. [Acts 1976, No. 103, §1]

Art. 601. The usufructuary may remove all improvements he has made, subject to the obligation of restoring the property to its former condition. He may not claim compensation from the owner for improvements that he does not remove or that cannot be removed. [Acts 1976, No. 103, §1]

Art. 602. The usufructuary may set off against damages due to the owner for the destruction or deterioration of the property subject to the usufruct the value of improvements that cannot be removed, provided they were made in accordance with Article 558. [Acts 1976, No. 103, §1]