END OF USUFRUIT
LexInter | March 20, 2002 | 0 Comments

END OF USUFRUIT

Section III: How the usufruct ends
Article 617
   The usufruct is extinguished:
By natural death and by civil death of the usufructuary;
By the expiration of the time for which it was granted;
By the consolidation or the reunion on the same head, of the two qualities of usufructuary and owner;
By the non-use of the right for thirty years;
By the total loss of the thing on which the usufruct is established.
Article 618
The usufruct can also cease by the abuse that the usufructuary makes of its use, either by committing damage to the fund, or by letting it wither for lack of maintenance.
The creditors of the usufructuary can intervene in disputes, for the preservation of their rights; they can offer reparation for the degradations committed, and guarantees for the future.
The judges may, depending on the gravity of the circumstances, either pronounce the absolute extinction of the usufruct, or order the return of the owner to the enjoyment of the object which is encumbered by it, only under the charge of paying annually to the owner. usufructuary, or to his successors in title, a fixed sum until the
Article 619
Usufruct which is not granted to individuals lasts only thirty years.
Article 620
The usufruct granted until a third has reached a fixed age lasts until that time, although the third has died before the fixed age.
Article 621
 The sale of the thing subject to usufruct does not make any change in the right of the usufructuary; he continues to enjoy his usufruct if he has not formally renounced it.
Article 622
The creditors of the usufructuary may have the waiver he has made to their prejudice annulled.
Article 623
If only part of the thing subject to usufruct is destroyed, the usufruct is retained over what remains.
Article 624
If the usufruct is established only on a building, and this building is destroyed by fire or other accident, or if it collapses from obsolescence, the usufructuary will not have the right to enjoy either the land or materials.
If the usufruct was established on an estate of which the building was part, the usufructuary would enjoy the land and the materials
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