« ПретходнаНастави »
on retiring, leave the land uncovered and in its former condition.
ART. 611.-The changes made by the testator in the thing, the usufruct of which he has bequeathed, after having so disposed of it, do not produce the extinction of the usufruct, unless the legacy, by which the usufruct is established, is considered as revoked, according to the rules prescribed on this subject, in the title of donations inter vivos , and mortis causa.
ART. 612.-Alihough thething subject to the usufruct may be sold by the proprietor, or by his creditors upon an order of seizure, this sale makes no alteration in the right of the usufructuary, who continues to enjoy the same, unless he has formally renounced it; but if the thing subject to the usufruct was mortgaged by the perison who granted such usufruct, before he granted it, the usufructuary may be evicted of his right in consequence of the claim of the mortgage creditors; hut in that case, the usufructuary has his action against the proprietor of the thing upon which the usufruct was assigned, as is provided in the third section of the present title. In the same manner the usufructuary may be deprived of his usufruct hy the seizure and sale which may be made of the same by his own creditors.
ART. 613.-'The usufruct may be forfeited likewise by the non-usage of this right by the usufructuary or any person in his name, during ten years, if the parties be present, and twenty years if they be absent, whether the usufruct be constituted on an entire eslale, or only a divided or individual part of an estate.
ART. 614.—The usufruct is extinguished by the usufruct and the ownership being vested in one and the same person, that is, when the owner acquires the usufruct, or when the usufructuary acquires the naked ownership. The reason is that no services can be due by a thing to the owner of such thing.
ART. 615.-If the usufructuary acquires the naked ownership, the usufruct is thereby so extinguished, that if afterwards he loses the ownership, the entire ownership is lost to him, and the usufruct does not revive, unless the title, by which he acquired the ownership, be annulled for some previously existing defect or some vice inherent in the act; for in that case the usufructuary never having been the owner, no consolidation has taken place, and the usufruct continues.
ART. 616.-The usufruct may cease by the abuse which the usufructuary makes in his enjoyment, either in committing wasle on the estate, or in suffering it to go to decay, for want of repairs, or in abusing in any other manner, the things subject to the usufruct.
In such cases, the judge may, according to circumstances, decree the absolute extinction of the usufruct, or order that the owner shall re-enter into the enjoyment of the property subject to the usufruct, on condition that he shall pay annually to the usufructuary or his representatives, until the usufruct expires, a sum which shall be fixed on by the judge in proportion to the value of the property subject to the usufruct.
Art. 617.-The usufructuary may prevent the red entry of the owner in case of damage committed by the former on the property subject to the usufruct, by offering to make the necessary repairs, and giving a sufficient security that he will make them which he is bound to make, within a certain fixed time.
ART. 618.—The creditors of the usufructuary may intervene in all suits which arise belween him and the owner on this subject, for the preservation of their rights, and may prevent the expulsion of the usufructuary by offering to repair the damages committed, and to give security for the future.
ART. 619.—The creditors of the usufructuary can cause to be annulled any renunciation which he may
have made of his right to their prejudice, whether it be accompanied with fraud or not, and they are permitted to exercise all the rights of their debtor in this respect.
In all cases the renunciation of the usufructuary cannot be inferred from circumstances; it must be express.
ART. 620.-When the usufruct has expired, the thing which was subject to it, returns to and becomes again incorporated with the ownership, and from that time the person who had only the bare ownership, begins to enter into a full and entire ownership of the thing.
Nevertheless, the usufructuary or his heirs have the right to retain possession of the thing subject to the usufruct, until they have been fully repaid for all expenses and advances for which they have, by law, recourse against the owner or his heirs.
Of Use and Habitation. ART. 621.-Use is the right given to any one to make a gratuitous use of a thing belonging to another, or to exact such a portion of the fruits it produces, as is neces. sary for his personal wants and those of his family.
ART. 622.-The right of habitation is the right of dwelling gratuitously in a house the property of another person.
ART. 623.-The right of use and habitation is established and extinguished in the same manner as the usufruct.
ART. 624,- The person having the use, if he be in possession of the thing affected with his right, as is said hereafter, and he who enjoys the right of habitation, are bound to furnish security, and to make an inventory, in the same manner as the usufructuary, and under the rules, exceptions and restrictions established on this subject in the chapter of usufruct.
ART. 625.--But the person having the use, is not bound to give security, nor to make an inventory, if the thing remains in the possession of the owner, and his right is confined to exacting out of the fruits produced by the thing what is necessary for his personal wants and those of his family; for in relation to these fruits, he is not bound to make
restitution. ART. 626.—The rights to use and habitation are regulated by the title which has establised them, and receive accordingly a more or less extensive sense, it being well understood that these conventions do not exceed the limits of the laws on use and habitation: if they do, they create other rights.
Thus a right to receive the fruits of a property and to sell and dispose of them freely, would be a right of usufruct, and all the laws concerning usufruct would be applicable to it.
ART. 627.-If the title be silenl which respect to the extent of the right, the rights to use and habitation shall be determined by the following rules.
ART. 628.—That which distinguishes the usufruct of a property from the use of it, is this, that the enjoyment of the usufructuary is not confined to what is necessary for his consumption, but he takes all the fruits, and can dispose of them as he pleases.
The person, on the other hand, who has only the use of an estate, has a right only to such fruits as may be necessary for his daily wants and those of his family.
But he may claim so much of those fruits as may be necessary to supply the wants of the woman he has married, and of his children born since the use has been granied to him.
ART. 629,-He who has the use of the fruits of an estate cannot go upon the estate to exercise his rights, still less is hę permitted to live there, unless he have thereon a right of habitation; he has only an action
against the owner to obtain from him such of the fruits as may be necessary for his daily wants and those of his family.
He who has the use may therefore cause to be fixed by the judge from time to time, the proportion of fruits which he has a right to exact from the owner of the property; and this must be determined according to the condition of him who has the use, and the fortune of him who conferred the right, if the title be not explicit on this subject, and according to the increase or diminution of the family of him who has the use.
ART. 630.–The right of use of a house and that of habitation being alike, are subject to the same rules. · ART. 631.—But he who has the use of one or more slaves, has the right to enjoy their service for his wants and those of his family.
ART. 632.—He who has the use of a herd of caltle cannot make any other use of the same than by taking the milk necessary for his daily use and that of his family.
ART. 633.--He who has the use of such things as cannot be used without being expended or consumed, as money, provisions or liquors, has a right to use such things as the usufructuary may, and on the same lerms.
Moveables which, although not consumed entirely, are gradually worn out by use, such as linen, furniture, ships or boats, are governed by the same rule.
ART. 634.-There is this difference between the person who has the use and the usufructuary, that the person, who has the use, can neither transfer, let, nor give his right to another.
ART. 635.-The right of the person, who has the use, is not only for one or more years, but it lasts during the life of such person, if the title upon which this right is grounded does not otherwise provide.
Art. 636,--He who has a right to habitation in a house, may reside there with his family, though he may