OBLIGATIONS OF THE USUFRUCTUARY

After reading this article regarding their obligations, more on usufructuary, learn more: RIGHTS OF A USUFRUCTUARY

• The usufructuary has the basic obligation to preserve the property of another

• He may be obliged to make an inventory of the properties under usufruct

• He may also be obliged to give a security

Making an inventory is one of the obligations of the usufructuary.

However, an inventory is not required if the absence of the same will not injure anyone and provided that the naked owner of the property consents. In addition, an inventory may also be waived by the naked owner, by a stipulation in the will or contract.

The usufructuary is also obliged to give security, binding himself to fulfill the obligations imposed upon him. He may be excused from the obligation of giving security if:

1. the absence of security will not injure anyone, provided that the naked owner consents
2. there is a waiver by the naked owner or by the stipulation in the will or contract
3. the usufructuary is the donor of the property in usufruct
4. there is parental usufruct
5. the court granted the request of the usufructuary to possess and enjoy the property in usufruct under oath to fulfill properly his duties

Is the usufructuary obliged to make repairs of the property?

The law says:

The basic obligation of the usufructuary is to preserve the form and substance of the property. He is obliged to take care of the things given in usufruct as a good father of a family.  In connection with this, he is obliged to make the ordinary repairs needed by the thing given in usufruct. Ordinary repairs are those required by the wear and tear due to the natural use of the thing and are indispensable for its preservation. Should the usufructuary fail to make said ordinary repairs after demand by the owner, the latter may make them at the expense of the usufructuary.

Furthermore, extraordinary repairs shall be at the expense of the owner. The usufructuary is obliged to notify the owner when the need for such repairs is urgent. In case the owner did not make the repairs, which are indispensable for the preservation of the thing, the usufructuary may make them. In this case, the usufructuary shall have a right to demand the owner of the increase in value which the property may have acquired by reason of the repairs.

Moreover, the usufructuary is obliged to notify the owner of any act of a third person that may prejudicial to the rights of the owner. If the usufructuary, despite knowledge of the act, failed to notify the owner, he shall be liable for damages.

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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