Слике страница




ve a


keep e the be



the ch as ence,


has once built or constructed, nor take away the materials; he dust abandon the whole to the owner, at the end of his usufruct, without being able to claim


indemnity therefor.

It is understood that all these restrictions on the rights of the usufructuary, and others mentioned in this title of the code, only take place, when there is no provision to the contrary in the act establishing the usufruct.

ART. 564.-The usufructuary is liable to all the necessary expenses for the preservation and working of the estates subject to the usufruct; and if slaves form a part of them, he must provide for their support and clothing, for their medical attendance in sickness, and the just and necessary expenses of their children.

ART. 565.- The usufructuary is bound to make such repairs only as are indispensably necessary for koeping the estate subject to the usufruct in good order.

Repairs extraordinary are to be made by the owner himself, unless such repairs have become necessary in consequence of the nsufructuary's neglect to make the repairs for keeping the property in good order, since the usufruct has been acquired by him, in which case the usufructuary is bound to make such extraordinary repairs.





ART. 566.-Extraordinary repairs are those of the principal walls and vaults, and the replacing of beams and roofs in toto, and the reconstruction of a levee entirely destroyed or carried away.

All others are ordinary repairs.

ART. 567.-The usufructuary can be compelled to make, during the time of his usufruct, the repairs which he is bound to make, the same to be determined by experts, and under the penalty of being responsible to the owner for all damages caused by his default.

ART. 568.-If between the time the usufruct coinmences, and the tiine the usufructuary is put in possession, the owner makes any necessary repairs, which the

ad of

ct in hose


проп wildig in

ther a by

it he

usufrucluary would have been bound to make, the former has the right to claim of the usufructuary the price thereof, and may retain the possession of the things subject to the usufruct, until the price is reimbursed.

ART. 569.—The usufructuary can release himself from the repairs, which he is bound to make, and even from the other charges of the usufruct, by abandoning it, even when the owner has instituted a suit against him to compel him to make them, or bear the expenses of them, and though the usufructuary be condemned in such suit.

But the abandonment will not have the effect of releasing the usufructuary from the charges of the enjoyment, which he has already had of the usufruct, nor from the accountability for the damages which he, or persons for whom he is responsible, may have caused to it.

ART. 570.-The usufructuary has no action against the owner to compel him to make the extraordinary repairs, which the latter is bound to make. The usufructuary, on the refusal of the owner to make them, may advance the money necessary to complete them, and shall be reimbursed by the owner or his heirs, at the expiration of the usufruct, they not being included in the improvements, which he is obliged to abandon to the owner.

ART. 571.–Neither the owner, nor the usufructuary, is bound lo build again what has fallen to ruin, owing to its antiquity, or has been destroyed by chance, when the ruin is total and entire; if it he only partial, it forms the subject of ordinary repairs.

Nevertheless, if the owner wishes to rebuild what has been destroyed, or to make the extraordinary repairs for which he is bound, the usufructuary is bound to permit him, but in the manner the least inconvenient and onerous to himself, and he may prescribe to the owner a reasonable delay for the performance of the work.

ART. 572. — The usufructuary is liable, during his

enjoyment, to all the annual charges, lo which the things subject to the 'usufruct may be liable.

He is obliged to pay all taxes and contributions imposed on the properly subject to the usufruct, as well as all ground rents which may have been charged upon the property, previous to the commencement of the usufruct,

The usufructuary is also bound, during his enjoyment, to cause to be made and repaired the roads, bridges, ditches, levees and the like, for which the estate of which he has the nsufruct, may be liable.

ART. 573.-With respect to extraordinary or temporary charges, which may be imposed on things subject to the usufruct during its pendency, the usufrucluary is bound to support them, unless they are of a natnre to augment the value of the properly subject to the usufruct.

In this last case the usufructuary is bound to pay them, and shall be reimbursed by the owner at the termination of the usufruct, for the capital expended only.

ART. 574.-The legacy of an annuity or alimony left by a testator, is to be wholly acquilted by the universal heir or legatee of the usufruct, and must be acquilled by the heir or legatee on an universal title, in proportion to his enjoyment, without any claim whatever to reinibursement on their part.

ART. 575.—'The usufructuary on a particular title is not bound to pay the debts for which the estate is mortgaged; if he be compelled to pay them, he has his action against the owner, subject to the provisions contained in The title of donations inter vivos , and mortis causa.

ART. 576.-The universal usufructuary, or usufructuary under an universal title, whose usufruct has been constituted by an act inter vivos, in good faith and at a time not suspicious, is not bound for the debts of the owner, nor can he be sued for them, unless some part of the property 'subject to the usufruct be mortgaged for the payment of these debts, because with reference

[ocr errors]

to the owner the usufructuary acquires under a particular title.

ART. 577.-The universal usufructuary, or usufruotuary under an universal title, whose usufruct has been constituted by an act of last will, is not directly bound for the debts of the testator, that is to say, the creditors of the succession have no action against him to force him to discharge the debts out of his own estate, saving their rights to cause to be seized the effects of the succession, and to proceed against the heir of the testator to obtain payment.

ART. 578.--The heir of the testatorwho has bequeathed away the usufruct of his property, whether universally or under an universal title, can, when the creditors of the snccession sue him, sell a part of the property subject to the usufruct, sufficient to yield the sum necessary for the discharge of the debts, in proportion to the sum for which the property subject to the usufruct is bound, if the usufructuary will not make an advance of this sum, as is mentioned in the following articles.

ART. 579. If the legacy of the usufruct includes all the property of the testator, and the universal usufructuary will advance the sum necessary to discharge the debts of the succession, the capital shall be returned to him at the expiration of the usufruct without interest ; but if he will not make this advance, the heir has the choice of making the necessary advance himself, for which the usufructuary shall allow him interest for the period of the usufruct, or to sell a part of the property subject to the usufruct, as stated in the preceding article.

ART. 580.-If, on the contrary, the legacy includes only a certain proportion of the property of the teslalor, or the whole of a certain kind of property, the usufructuary under an universal title, is bound only to contribute with the heir to the payment of the debts of the succession,

ART. 581.--To establish this contribution, the value of the properly subject to the usufruct, and that of the properly remaining to the heir, is estimated, and the sum which they are each bound to contribute lo the payment of the debts, is fixed in proportion to this valuation.

After which, if the usufructuary will make an advance of the sum which he is bound to contribute, the capital must be returned to him without interest at the termination of the usufruct, but if he will not, the heir has the choice, either to pay this sum, in which case the usufructuary must pay him interest during the period of the usufruct, or to sell a part of the property subject to the usufruct, snfficient to meet the sum which the usufructuary is bound to contribute.

ART. 582. — Usufructuaries, with the exception of fathers and mothers, as is hereafter provided, are bound to pay no costs, but such as result from law-suits concerning the enjoyment of the property subject to their usufruct, and to judgments which may have been given in such suits.

Nevertheless, in suits instituted for the recovery of the thing subject to the usufruct against the owner, the expenses must be divided between the usufructuary and him.

ART. 583.-Fathers and mothers who enjoy the legal usufruct of the property of their children, are bound to " support the expenses of all suits, concerning that properly, in the same manner us if they were the owners of it.

ART. 584.- The usufructuary who loses, by nonusage on his part, a service belonging to the property subject to his usufruct, is responsible for it to the owner. He is also responsible to the owner, if he permits a service to be acquired on the property by prescription.

ART. 585.- If, during the period of the usufruct, it third person makes encroachments on the estate, or vio- '

« ПретходнаНастави »