The law expressly provides that a usufruct is:
Art. 562. Usufruct gives a right to enjoy the property of another with the obligation of preserving its form and substance, unless the title constituting it or the law otherwise provides. (467)
*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.
What are the requisites of usufruct?
- Essential requisites are those that are – the right to enjoy the property of another; and
- Accidental – the obligation of preserving the form and substance of such property.
What is abnormal usufruct?
Abnormal usufruct involves properties which must be consumed or expended or else, it would be useless to the usufructuary. This is an exception to the rule that the usufruct must preserve the form and substance of the usufruct. Thisrefers to that where the usufructuary does not have any obligation to preserve the form and substance of the property which is the object of the usufruct. The law has laid down the rules for abnormal usufructs in the following articles:
Art. 573. 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. (481)
Art. 574. Whenever the usufruct includes things which cannot be used without being consumed, the usufructuary shall have the right to make use of them 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 at the same quantity and quality, or pay their current price at the time the usufruct ceases. (482)
What is caucionjuratoria?
The caucionjuratoria refers to the usufructuary, which files a verified petition in court asking for the delivery of the house and furniture necessary for himself and his family without filing any bond or security. This may also apply to instruments or tools necessary for an industry or vocation in which the usufructuary is engaged. The usufructuary shall take care of the property/ things given in usufruct as good father of a family. This case is contemplated in this article:
Art. 587. If 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. (495)
De Leon, H., & De Leon, J. H. (2011). Comments and Cases on Property. Quezon City: Rex Printing Company, Inc.
Jurado, D. (1999). Civil Law Reviewer. Quezon City: Rex Printing Company, Inc.
The New Civil Code of the Philippines