USUFRUCT

USUFRUCT

USUS (usage)-the right to use or enjoy a thing possessed, directly and without altering it.

Fructus (fruit, in a figurative sense)-the right to derive profit from a thing

possessed: for instance, by selling harvest, renting real estate or devices, taxing for entry

USUFRUCT  is a real right by virtue of which a person is

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

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

Usufruct is constituted by:

Law

Will of private persons expressed in acts inter vivos or in a last will and testament

By prescription

3 FUNDAMENTAL RIGHTS APPERTAINING TO OWNERSHIP

a. jus dispodendi ( right to dispose) b. jus utendi ( right to use) c. jus fruendi ( right to the fruits)

JUS UTENDI + JUS FRUENDI = USUFRUCT

JUS DISPODENDI - essence of Naked Ownership

FORMULAE:a. Naked Ownership (jus dispodendi) +

Usufruct ( jus utendi, jus fruendi) =FULL OWNERSHIP

b. Full Ownership – Usufruct (utendi, fruendi) = NAKED OWNERSHIP (dispodendi)

c. Full Ownership – Naked Ownership (dispodendi) = USUFRUCT

CHARACTERISTICS  Essential – (those without which it cannot be

termed USURUCT):› it is a “real right” (whether registered in the Registry of

Property or not)› it is of a temporary nature or duration (not perpetual,

otherwise it becomes emphyteusis)› its purpose is to enjoy the benefits and derive all

advantages from the object as a consequence of the NORMAL USE or EXPLOITATION

Natural – ( that which ordinarily is present, but a contrary stipulation can eliminate it because it is not essential)

Accidental – (those which may be present or absent depending upon the stipulation of the parties)

 

TWO REQUISITES OF USUFRUCT  Essential – is the right to enjoy the

property of another

Accidental – is the obligation of preserving the form and substance of the property

OBJECT OF USUFRUCT

may be real or personal property (thus, there can be a usufruct over an automobile or over money)

may be sterile or productive ( thus, there can be usufruct over sterile animals) Art. 591

may be created over a right (as long as it is not strictly personal or intransmissible, and as long as it as independent existence)- thus, there can be NO usufruct over an easement, for the latter has no independent existence.

USUFRUCT v OWNERSHIP

Usufruct is limited “merely” to the enjoyment of the property ( jus utendi and jus fruendi)

  Ownership has the following

attributes:› the right to enjoy ( jus utendi, fruendi,

abutendi)› the right to dispose ( jus dispodendi)› the right to vindicate or recover property

( jus vindicandi)

USUFRUCT LEASE1.As to Nature - always a real right becomes a real right

only when registered

2.As to Constitution Constituted by law, By the will of persons expressed in acts inter vivos,or in a last will and testament, By Prescription (Art. 563, NCC)

As a rule constituted by Contract

3. As to the persons Constituting it

Owner Need not be the owner

4. As to Extent Includes the right to Use, enjoy the fruits of thething (jus utendi, fruendi)

More Limited

USUFRUCT LEASE

5. As to Repairs Usufructuary is responsible for ordinary repairs.

Lessee is Not

6. As to Taxes Usufructuary is Responsible for Taxes

Lessee is Not

WHO SHALL BE ENTITLED TO THE NATURAL, INDUSTRIAL AND CIVIL FRUITS OF THE PROPERTY IN USUFRUCT?

General Rule : the USUFRUCTUARY. ( Art. 566 , NCC)

With respect to the hidden treasure which may be found on the property, he shall be considered as STRANGER.

SPECIAL RULES WITH RESPECT TO NATURAL & INDUSTRIAL FRUITS

Natural and Industrial Fruits growing at the time the usufruct begins, belong to the USUFRUCTUARY.(In this case, such usufructuary, has no obligation to refund to the owner the expenses INCURRED)

Those Growing at the time the Usufruct Terminates, belong to the OWNER.

( In this case, such owner shall be obliged to reimburse at the termination of the usufruct, from the proceeds of the growing fruits, the ordinary expenses of cultivation, for seed, and other similar expenses incurred by the usufructuary). ( Art. 567, NCC)

SPECIAL RULES WITH RESPECT TO CIVIL FRUITS

Civil fruits are deemed to accrue daily, and belong to the usufructuary in proportion to the time the Usufruct may last ( Art. 569, NCC). Thus-

if the Usufructuary has leased the property, and the usufruct should expire before the termination of the lease, he or is heirs shall receive only a proportionate share of the rent ( Art. 568, NCC)

if the usufruct consist either in the right to receive;› rents› periodical pensions› interest on bonds or securities payable to the bearer› in the of enjoyment benefits accruing from the participation in any

industrial or commercial enterprise, the date of the distribution of which is not fixed….

the foregoing, which are all considered civil fruits belong to the usufructuary in proportion to the time the usufruct may last ( Art. 570, NCC)

WHAT ARE ABNORMAL USUFRUCTS?

Abnormal usufructs are those where the usufructuary does not have the obligation of preserving the form and substance of the property which is the object of the usufruct….Thus-

 1. Whenever the usufruct includes things which without

being consumed, gradually deteriorate through wear and tear, the USUFRUCTUARY shall have the right to make use thereof in accordance with the purpose for which they are intended and shall not be obliged to return them at the termination of the usufruct except in their condition at that time; BUT he shall be obliged to indemnify the owner for any deterioration they may have suffered by reason of his fraud or negligence. ( Art. 573, NCC)

2. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of then under the obligation of paying their appraised value at the termination of the usufruct, if they were appraised when delivered. In case they were not appraised, he shall have the right to return same quantity and quality, or their current price at the time the usufruct ceases. (Art. 574, NCC)

MAY MONEY BE THE OBJECT OF USUFRUCT?

Answer: YES (Alunan v Veloso, 52 Phil 545)

MAY A RIGHT OF USUFRUCT BE ALIENATED, PLEDGE or MORTGAGE?

Answer: To distinguish: As far as Voluntary usufructs are concerned,

Undoubtedly, they can be Alienated,sell, donate bequeath or devise…..(Art. 572, NCC)Except:

Legal Usufruct (the usufruct which parents have over the properties of their unemancipated children, because of their nature, it is evident that they cannot be alienated.

Usufructuary rights may likewise be Pledge or Mortgage Except:

› the Thing itself , because he does not own the thing

ART. 580The usufructuary may set off the improvements he may have made on the property against any damage to the same.

Rules:1. Damage exceeds the value of the

improvements, usufructuary is still liable.

2. If the value of the improvements exceeds the damage, the difference does not go the usufructuary, but accrues instead in the absence of a contrary stipulation in favor of the naked owner, otherwise, it is as if the usufructuary would be entitled to a partial refund in cash.

Requisites before a set off can be made:

Damage must have been caused by the usufructuary

The improvements must have augmented the value of property

ART 581The owner of the property the usufruct of which is held by another, may alienate it, but he cannot alter its form or substance, or do anything thereon which may be prejudicial to the usufructuary.

Since the jus disponendi and the title reside with the naked owner, he retains the right to ALIENATE the property BUT

a. he cannot alter its form or substanceb. or do anything prejudicial to the usufructuary

ART. 582. The usufructuary of a part of a

thing held in common shall exercise all the rights pertaining to the owner thereof with respect to the administration and the collection of fruits and interest. Should the co-ownership cease by reason of the division of the thing held in common, the usufruct of the part allotted to the co-owner shall belong to the usufructuary.

In case a co-owner gives the usufruct of his share to a person, the usufructuary shall exercise all the rights pertaining to the co-owner regarding the administration and the collection of the fruits or interest from the property.

The right of the usufructuary is not affected by the division but it is limited to the fruits of said part alloted to the co-owner.

Obligations of the usufructuary:

before the usufruct (like the making of inventory

during the usufruct (like taking due care of property)

after the usufruct (like the duty to return and indemnify in the proper cases).

ART. 583The usufructuary, before entering upon the enjoyment of the property, is obliged:

1. To make, after notice to the owner or his legitimate representative an inventory of all the property, which shall contain an appraisal of the movables and a description of the condition of the immovables;

2. To give security, binding himself to fulfill the obligations imposed upon him in accordance with this Chapter.

Two obligations:1. Inventory2. SecurityRequirements for the Making of the Inventory a. The owner or his representative must be

previously NOTIFIED.b. The condition of the immovables must be

described.c. The immovables must be appraisedd. As a rule, NO FORM is required except that

when there are real properties, Art 1358 demands a public instrument to affect third parties.

e. Expenses are to be borne by usufructuary, since the duty is his

f. Effect of not making inventory(except when excused) same as when the security is not given.

g. When inventory is not required.1. when no one will be injured thereby(as in the case of usufruct over a periodical pension or incorporeal right) provided the naked owner consents, for the law says “may”.2. in case of waiver by the naked owner or the law, or when there is a stipulation in a will or contract.

When security is not required:1. When no one will be injured thereby2. When there is waiver by the naked owner, or

there is a stipulation either in a will or by contract3. When the usufructuary is the donor of the

property(who has reserved the usufruct). The naked owner should be grateful enough not to require the security. (Art 584)

4. When there is a parental usufruct (that is, in the case of parents who are usufructuaries of their children’s property, except when the parents contract a second or subsequent marriage, provided that each child’s property does not exceed P50,000 in which case, the parents have to file a bond not as usufructuary, but as guardian or administrator.

5. when there is a caucion juratoria, which takes the place of a bond, and is made by taking an oath to fulfill properly the duties of a usufructuary, BUT this is available only under the conditions prescribed in Art. 587.

ART. 584The provisions of No.2 of the preceding article shall not apply to the donor who has reserved the usufruct of the property donated, or to the parents who are usufructuaries of their children’s property, except when the parents contracted a second marriage.

ART 585The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby.

When obligation to make inventory or to give security excused Where the naked owner renounces or

waives his right to the inventory or security;

Where the title constituting the usufruct relieves the usufructuary from the obligation; and

Where the usufructuary asks that he be exempted from the obligation and no one will be injured thereby.

ART. 586Should the usufructuary fail to give security in the

cases in which he is bound to give it, the owner may demand that the immovables be placed under administration, that the movables be sold, that the public bonds, instruments of credit payable to order or to bearer be converted into registered certificates or deposited in a bank or public institution, and that the capital or sums in cash and the proceeds of the sale of the movable property be invested in safe securities.

The interest on the proceeds of the sale of the movables and that on public securities and bonds, and the proceeds of the property placed under administration, shall belong to the usufructuary.

Furthermore, the owner may, if he so prefers, until the usufructuary gives security or is excused from so doing, retain in his possession the property in usufruct as administrator, subject to the obligation to deliver to the usufructuary the net proceeds thereof, after deducting the sums which may be agreed upon or judicially allowed him for such administration.

Effects of Failure to Give Security On the rights of the Naked Owner:1. He may deliver the property to the

usufructuary 2. Or the naked owner may choose

RETENTION of the property as ADMINISTRATOR

3. Or the naked may demand RECEIVERSHIP or ADMINISTRATION(by another) of the REAL PROPERTY, sale of movable, conversion or deposit of credit instruments, or investment of cash or profits.

On the Rights of the Usufructuary:1. The usufructuary cannot possess the

property till he gives the security.2. The usufructuary cannot administer the

property, hence, he cannot execute a lease thereon.

3. The usufructuary cannot collect credits that have matured, nor invest them unless the Court or the naked owner consents.

4. But the usufructuary can alienate his right to the usufruct (since failure to give the security did not extinguish the usufruct). The grantee may of course possess, the moment he gives security.

ART. 587If the usufructuary who has not given security

claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case.

The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged.

If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value.

Caucion Juratoria

The promise under oath. A sworn duty to take good care of the property and return same at the end of the usufruct. It takes the place of the bond or security and is based on necessity and humanity as when poor family acquires by inheritance, the usufruct of a badly needed house.

Requisites before the Caucion Juratoria is allowed

Proper court petition Necessity for delivery of furniture,

implements or house included in the usufruct

Approval of the court Sworn promise

ART 588

After the security has been given by the usufructuary, he shall have a right to all the proceeds and benefits from the day on which, in accordance with the title constituting the usufruct, he should have commenced to receive them.

ART 589

The usufructuary shall take care of the things given in usufruct as a good father of a family.

ART 590

A usufructuary who alienates or leases his right of usufruct shall answer for any damage which the things in usufruct may suffer through the fault or negligence of the person who substitutes him.

ART 591If the usufruct be constituted on a flock or herd of

livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey.

If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune.

Should the herd or flock perish in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved.

Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things.

Rules in case of FRUITFUL or PRODUCTIVE Livestock When there is obligation to REPLACE

1. if some animals die from natural causes;2. or if some animals are lost due to capacity of beasts or prey

When there is NO obligation to replace1. if there is a total loss of the animals because of some unexpected or unnatural loss (contagious disease or any other uncommon event, provided the usufructuary has no fault)2. If there is a partial loss (under the same conditions)

ART. 592The usufructuary is obliged to make the ordinary repairs needed by the thing given in usufruct.

By ordinary repairs are understood such as are 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 them after demand by the owner, the latter may make them at the expense of the usufructuary.

Duty to Make Ordinary Repairs

They are required by NORMAL or NATURAL use.

They are needed for preservation. They must have occured DURING the

usufruct(because those occuring before and after the end of the usufruct should be borne by the naked owner).

They must have happened with or without the fault of the usufructuary.

ART. 593

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.

ART. 594 If the owner should make the

extraordinary repairs, he shall have a right to demand of the usufructuary the legal interest on the amount expended for the time that the usufruct lasts.

Should he not make them when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to demand of the owner, at the termination of the usufruct, the increase in value which the immovable may have acquired by reason of the repairs.

Kinds of Extraordinary Repairs

Caused by natural use but NOT NEEDED for preservation

Caused by ABNORMAL or EXCEPTIONAL circumstances and needed for preservation

Caused by ABNORMAL or EXCEPTIONAL circumstances but are NOT NEEDED for preservation.

Requisites Before Usufructuary is Allowed to Make Extraordinary Repairs

There must be due notification to naked owner of urgency.

The naked owner failed to make them.

The repair is needed for preservation

ART. 595

The owner may construct any works and make any improvements of which the immovable in usufruct is susceptible, or make new plantings thereon if it be rural, provided that such acts do not cause a diminution in the value of the usufruct or prejudice the right of the usufructuary.

Constructions, Improvements, and Plantings by the Naked Owner

Although the property is in the possession of the usufructuary, the owner may still

a. Construct worksb. Make improvementsc. Make new paintings (if rural)PROVIDED:d. The value of the usufruct is not

diminished.e. Or the right of the usufructuary is not

prejudiced.

Effect of Increase in the Value of the Usufruct

The usufructuary profits by said increase (for he will still be entitled to the use and fruits thereof)

The usufructuary does not have to pay legal interest on the improvement. Reason: this was a VOLUNTARY act of the naked owner.

ART 596The payment of annual charges and

taxes and of those considered as a lien on the fruits, shall be at the expense of the usufructuary for all the time that the usufruct lasts.

Charges or Taxes the Usufructuary Must Pay Annual charges (on the fruits) Annual taxes on the fruits Annual taxes on the landOther charges Ordinary repairs Necessary cultivation expenses

ART 597

The taxes which, during the usufruct, may be imposed directly on the capital, shall be at the expense of the owner.

If the latter has paid them, the usufructuary shall pay him the proper interest on the sums which may have been paid in that character; and, if the said sums have been advanced by the usufructuary, he shall recover the amount thereof at the termination of the usufruct.

RULES If paid by the owner, he can demand

legal interest on the sum paid. If advanced (in the meantime) by the

usufructuary, said usufructuary1. Should be REIMBURSED by the

amount paid without legal interest2. Is entitled to RETENTION

Usufruct over an Entire Patrimony (Art. 598)

Applies when:

1. The usufruct is a universal one.

2. The naked owner—has debts or is obliged to make periodical payments

Exceptions: 1. When it is so stipulated; in which case

the usufructuary shall be liable for the debt specified.

2. When the usufruct is constituted in fraud of creditors.

In no case shall the usufructuary be responsible for debts exceeding the benefits under the usufruct (except when contrary appears).

Rules on Usufruct of a Matured Credit (Art599)

If usufructuary has given security, collection and investment can be done without the approval of the court or of the naked owner.

If usufructuary has not given security, or when he is EXEMPTED or when there was only a CAUCION JURATORIA, a collection and investment can be done only with the approval of the court or the naked owner.

If the credit is collected, same belongs to the naked owner but the usufructuary gets it usufruct.

Usufruct shall be liable if the credit that has been matured (due and demandable) is not collected because of his fault or negligence.

Usufruct on Mortgaged Property (Art. 600)

When the usufruct is universal and some objects are mortgaged, apply ART 598.

Usufructuary is not obliged to pay the mortgaged obligation of the naked owner

If the usufructuary mortgaged the usufruct himself, he is liable pay his own debt.

NOTIFICATION BY THE USUFRUCTUARY IS REQUIRED IF:

EFFECT OF NON-NOTIFICATION

a. If a third party commits acts prejudicial to the “rights of ownership”

a. The usufructuary is liable for damages, as if they had been caused thru his own fault.

(Art. 601 last part)

b. If urgent repairs are needed b. The usufructuary cannot make the extraordinary repairs needed.(Art. 594)

c. If an inventory (at the beginning of the usufruct) is to be made

c. The inventory can go on but the naked owner may later point out discrepancies and omissions in the inventory.

Extinguishment of Usufruct

1. By the death of the usufructuary, unless a contrary intention clearly appears.

2. By the expiration of the period for which it was constituted or by the fulfillment of any resolutory condition provided in the title creating the usufruct.

3. By merger at the usufruct and ownersip in the same person.

4. By renunciation of the usufructuary.

5. The total loss of the thing in usufruct.

6. By termination of the right of the person.

7. By prescription

Death of UsufructuaryExceptions:

In multiple usufructs: It ends at the death of the last survivor (Art. 611)

There is a period fixed based on the number of year that would elapsed before a person would reach a certain age

In case the contrary intention clearly appears

Expiration of the period for which it was constituted or by fulfillment of any resolutory conditiona. If the usufruct is on real property, or on a real right on real property the period must be recorded to bind third persons (Art. 709)

b. Term should not exceed 50 yrs if the usufructuary is a juridical person (town, corporation or association)

Exception

If the period is fixed by reference to the life of another

Death does not affect the usufruct and the right is transmitted to the

heirs of the usufructuary until the expiration of the term on the fulfillment of the condition.

Fulfillment of Resolutory Condition

If resolutory condition imposed in the constitution of the usufruct has already fulfilled, the usufruct ceases.

 

Merger of Rights of Usufruct and Naked Ownership in One Person

Takes place when the rights of the usufruct and ownership are acquired by one and the same person who becomes the absolute owner.

Renunciation

Waiver - voluntary surrender of the rights of the usufructuary, with intent to surrender them.

Limitations:

a. must be express: tacit renounciation is not sufficient

b. does not need the consent of naked owner

c. if made in fraud of creditors, waiver may be rescinded by them through action under Art 1381(accion pauliana)

Loss of the thing in Usufruct

a. Loss should be total, if the loss is only partial the usufruct will continue on the remaining part (Art. 604)

b. For total loss of the building whether or not the building has been insured

(art. 607-608)

c. For legal loss in case of appropriation (Art. 609)

Termination of right of the person constituting the usufruct

If the owner constituted a usufruct on his property which he believes he owns, and a latter person with a superior right over the property had established his claim and had lawfully evicted the owner, the usufruct terminates.

Prescription

Refers to prescription by a stranger either of the usufruct ( the usufructuary is no longer entitled to the usufruct) or of the naked ownership ( here, the right of the person constituting the usufruct has been terminated) (par. 3 Art. 603)

  There can be no prescription as long as the usufructuary

receives the rents from the lease of the property or he enjoys the price of the sale of his rights.

  Mere non-use by the usufructuary of the usufruct does not

terminate the usufruct, unless it is also a renunciation. 

Other causes for extinguishment of usufruct

a. Annulmentb. Rescissionc. Mutual withdrawald. Legal causes ending legal usufruct 

Usufruct cannot be constituted in favor of a town, corporation, or association for more than 50 years.

If before the expiration of such period the term is abandoned or the corporation or association is dissolved the usufruct shall be extinguished.

  Article is inapplicable to

testamentary trust. 

Time that may elapse before a third person attains a certain age (Art. 606)

Usufruct subsist for the number of years specified even if the third person should die before the period expired.

Unless the usufruct has been expressly granted only in consideration of the existence of the person.

 

Extinction or Loss of Property

SITUATION EFFECT

ART 607IF DESTROYED PROPERTY IS NOT INSURED

• Usufruct on BOTH building and land (but the bulding is destroyed in any manner whatsoever before the expiration of the period of the usufruct.

•The usufruct on the building is ended, but the usufruct on land continues.•Therefore, a usufructuary is still entitled to the use of the land and the use of whatever materials of the house remain.•Also, if the naked owner wants to rebuild but the usufructuary refuses, it is the usufructuary who prevails for the use of the land is still his for the remainder of the period.

SITUTATION EFFECT

• If the usufruct is on the building only (but the building is destroyed before the termination of the period)

•Usufruct continues over the land and materials (plus interests), if the owner does not rebuild.

•If owner rebuilds, usufructuary must allow owner to make use of materials but the owner must pay interest on the value of both the land and the materials.

SITUATION EFFECT

ART 608If destroyed property is insured before termination the

usufruct•when insurance premium paid by the owner and usufructuary (par 1)

•If owner rebuilds, usufruct subsists on new building. If owners does not build interest upon insurance proceeds paid to usufructuary.

•When the insurance taken by the naked owner only because usufructuary refuses to contribute to the premium.(par 2)

•Owner entitled to insurance money (no interest paid to usufructuary)•If he does not rebuild, usufruct continues over remaining land and/or money may pay interest on value of both materials and land. (601)•If owner rebuilds, usufruct does not constitute on new building but owner must pay interest on value of land and old materials.

SITUATION EFFECT

•When insurance taken by usufructuary only depends on value of usufructuary’s insurance interest

•Insurance proceeds goes to the usufructuary

•No obligation to rebuild

•Usufruct continues as the land owner has no share in insurance proceeds

RULES ON EXPROPRIATION (Art. 609)

1. If naked owner alone was given the indemnity he has the option:a. to replace with equivalent thingb. on to pay the usufructuary legal interest on the indemnity—requires security given by the naked owner for the payment of the interest

2. If both the naked owner and the usufructuary were separately given indemnity, each owns the indemnity given to him the usufruct being totally extinguished.

3. If usufructuary alone was given the indemnity, he must give it to the naked owner and compel the latter to return either the interest or to replace the property. He may even deduct the interest himself, if the naked owner fails to object.

Bad use of thing in usufruct, does not extinguish the usufruct but if the abuse:

a. Cause considerable injury not to the thing, but to the owner  

RULE: Usufruct continues, but the naked owner can demand delivery and administration of the thing but

he will be obliged to pay net proceeds to usufructuary. b. Does not cause considerable injury not to the thing, but to the owner   RULE: Usufruct continues the naked owner cannot

demand administration by himself. 

Rights and Obligation at the termination of the Usufruct (Art. 612)

USUFRUCTUARY must return the property

to the naked owner to return the property

till he is reimbursed for the taxes on capital and indispensable extraordinary repairs or expenses

to remove removable improvements or set them offagainst damages he has caused.

NAKED OWNER must cancel the

security or mortgaged must in case of rural

leases made by usufructuary, till the end of agricultural year

(art. 572) make reimbursement

to the usufructuary in the proper cases