Furthermore, the owner may, if he so prefers, while the usufructuary gives no bond or is released from it, retain in his possession the property of the usufruct, as administrator under the obligation of delivering the net proceeds to the usufructuary, after deducting the sums which may be agreed upon or may be judicially fixed for his services during such administration.

Arg. 2856; Mex. 997; Col. 835, 836; Chile, 776; Guat. 1345.

495. When the usufructuary, who has not given bond, claims, under security given by oath (caución juratoria), the delivery of furniture required for his use, also a dwelling be given to him and his family in a house comprised in the usufruct, the Judge may assent to his petition, after due consideration of the facts in the case.

The same shall be understood about the instruments, implements, and other personal property, required for the industry in which it is employed.

When the owner should not wish that some pieces of furniture be sold, either on account of their artistic merit or because they have a special value in his eyes (precio de afeccion), he may require their delivery to him upon giving security for the payment of the legal interest on their appraised value.

Arg. 2857; Uru. 480; Chile, 477; Col. 836.

496. After the bonds are given by the usufructuary, he shall have a right to all the proceeds from the date on which he ought to have begun to receive them, in accordance with the title constituting the usufruct.

Guat. 1346; Mex. 998.

497. The usufructuary is bound to take care of the property given in usufruct as any good father of a family would do.

498. The usufructuary, who alienates or leases his right to the usufruct, shall be liable for the damages suffered by the property in usufruct by the fault or neglect of the person who substitutes him.

Chile, 793, par. 2; Col. 852; Mex. 999; Arg. 2870; Uru. 483; Guat. 1347.

499. Should the usufruct be constituted over a flock or herd of cattle, the usufructuary shall be bound to replace, with the young thereof, the animals dying annually or ordinarily and those carried away by the rapacity of preying animals.

Should the herd on which the usufruct is constituted wholly perish without fault of the usufructuary, in consequence of contagious diseases or any other uncommon event (vis major), the usufructuary shall fulfill his duty by delivering to the owner the remains saved from this misfortune.

Should the herd partially perish, also by accident and without the fault of the usufructuary, the usufruct shall continue in respect to the part saved.

Should the usufruct be of a sterile herd, it shall be considered for all its effects as constituted over things perishable (fungibles). Chile, 788; Col. 847; Guat. 1350; Mex. 1002; Arg. 2902; Uru. 484.

500. The usufructuary is bound to make the ordinary repairs, required by the things given in usufruct. Ordinary repairs shall be considered those required by the wear and tear produced by the natural use of things, and which are indispensable for their preservation. Should he not make them after receiving an intimation from the owner, the latter may make them at the expense of the usufructuary.

Guat. 1532; Arg. 2881, 2884; Chile, 795; Col. 854.

501. Extraordinary repairs shall be made on the account of the The usufructuary is bound to notify him, when the necessity of making them is urgent.

owner.

Arg. 2881, 2885; Chile, 797; Col. 856.

502. When the owner makes extraordinary repairs, he shall be entitled to reclaim from the usufructuary the legal interest on the sum invested in them, during the existence of the usufruct.

Should he not make repairs when they are indispensable for the preservation of the thing, the usufructuary may make them; but he shall have a right to claim from the owner, on the determination of the usufruct, the increase in value which the tenement may have acquired on that account.

Should the owner refuse to refund such amounts, the usufructuary is entitled to retain the thing, until he reimburses himself from the proceeds thereof.

Chile, 797, 900; Col. 856, 859.

503. The owner may make works and improvements which may be appropriate for the tenement in usufruct, and new plantations on it, if it is rural property, provided the value of the usufruct is not diminished by such acts, nor the rights of the usufructuary impaired.

Arg. 2914; Chile, 779; Cal. 838.

504. The payment of charges and annual taxes and of those considered as a lien on the fruits, shall be at the expense (de cuenta) of the usufructuary, during all the time that the usufruct lasts.

Chile, 796; Col. 855; Guat. 1359; Arg. 2894; Mex. 1011.

505. The taxes which may be imposed directly upon the capital, during the usufruct, shall be paid by the owner.

When the owner has paid them, the usufructuary is bound to pay him the legal interest upon any sums he may have disbursed for such causes, and when the usufructuary advances the amounts of such taxes, he shall recover such amounts, on the determination of the usufruct.

Guat. 1361; Chile, 796, pars. 2, 3; Col. 855.

506. Should the usufruct be constituted upon the whole of a patrimony, and if, at the time of its constitution, the owner has debts, the provisions of articles 642 and 643 about donations shall be applied to the maintenance of the usufruct as well as for the obligations of the usufructuary to pay such debts.

The same provisions are applicable in case the owner, at the time of the constitution of the usufruct, was obliged to pay periodical sums, even when there is no known principal (aunque no tuvieran capital conocido).

507. The usufructuary may personally claim the credits due which form a part of the usufruct, if he has given or gives the appropriate bond. If he has been released from giving bond or if he cannot give it, or if the one given is not sufficient, he shall require the authorization of the owner or, in his default, of the Judge to collect said credits.

The usufructuary under bond can invest the capital in any manner he may deem fit. The usufructuary without bond must invest said. capital at interest, upon agreement with the owner, in default of such an agreement, under judicial authorization, and, in every case, with security sufficient to preserve the integrity of the capital in usufruct. 508. The universal usufructuary shall pay in full the legacy of life annuities or the pension for support.

The usufructuary of an aliquot part of the estate shall pay it in proportion to his share.

In neither of the two cases shall the owner be bound to make any reimbursements. The usufructuary of one or more specified things shall pay the legacy only when the rent or pension is expressly constituted upon them.

Chile, 796; Col. 855.

509. The usufructuary of a mortgaged tenement shall not be obliged to pay the debt for the security of which the mortgage was

When the tenement is seized or sold for the payment of the debt, the owner shall be liable to the usufructuary for what he may lose on that account.

Guat. 1363; Uru. 490; Arg. 2899; Mex. 1019.

510. When the usufruct is for the whole or for an aliquot part of an inheritance, the usufructuary may advance the sums which may belong to the property in usufruct for the payment of the debts of the estate and shall be entitled to claim from the owner its restoration, without interest, on the expiration of the usufruct.

When the usufructuary refuses to make this advance, the owner may ask for the sale of the part of the property in usufruct which may be necessary for the payment of such sums, or pay them with his own money with a right, in this last case, to claim from the usufructuary the corresponding interest.

Arg. 2900; Mex. 1019; Guat. 1366 to 1368.

511. The usufructuary is obliged to notify the owner of any act of a third party, coming to his knowledge, which may injure the rights of ownership, and shall be liable, should he not do so, for the damages and injuries as if they were caused by his own fault.

Chile, 802; Col. 861; Guat. 1369; Mex. 1022.

512. The expenses, costs, and condemnations of the suits, maintained about the usufruct, shall be charged to the usufructuary. Guat. 1370, 1371; Mex. 1023.

SECTION FOURTH.

Manner of extinguishing the usufruct.*

Article 513. The usufruct is extinguished:

1. By the death of the usufructuary.

2. By the expiration of the term for which it was constituted or by the fulfillment of the resolutory condition stated in the constituting title.

3. By the merger of usufruct and ownership in the same person. 4. By renunciation of the usufructuary.

*

5. By total loss of the property in usufruct.

Digesto, book 7, tit. 4, laws 3, 5, 8, 9, 10, 23; id., book 7, tit. 5, laws 23, 24; id., book 1, tit. 4, law 21; id., book 7, tit. 9, law 1; id., book 33, tit. 2, law 8; id., book 35, tit. 2, law 68. Instituciones, book 2, tit. 4 par. 3. Codigo, book 3, tit. 33, laws 5, 12. Part. 3, tit. 31, laws 20, 24, 25, 26.

6. By determination of the right of the constituent.

7. By prescription.

Col. 863 to 866; Chile, 804; Mex. 1026; Uru. 490.

514. If the thing given in usufruct should suffer a partial loss, the right shall continue as to the remaining part.

Arg. 2937; Guat. 1373; Chile, 807; Col. 866.

515. The usufruct cannot be constituted for over thirty years in favor of a town, a corporation or a society. Should it have been so constituted, and, before that time, the town becomes deserted or the corporation or society be dissolved, the usufruct shall be extinguished by such facts.

Guat. 1374; Chile, 770; Col. 829, par. 3.

516. The usufruct granted for such a time, until a third party becomes of certain age, shall subsist during the number of years specified, even if the third party dies before, unless the usufruct has been expressly granted only because of the existence of such person. Arg. 2923; Chile, 804, par. 2; Col. 863.

517. When the usufruct is constituted on a tenement of which a building may form a part, and the building should be destroyed, in any manner whatever, the usufructuary shall have a right to enjoy the use of the land and materials.

The same thing shall happen when the usufruct is constituted only upon the building and it should be destroyed. But, in such a case, if the owner wants to construct another building, he shall have a right to the use of the ground and of the materials, under the obligation of paying to the usufructuary, during the time the usufruct lasts, the interest upon the sum equivalent to the value of the ground and of the materials.

Chile, 807, pars. 2, 3; Col. 866; Guat. 1375; Mex. 1029; Uru. 501.

518. When the owner joined with the usufructuary in the insurance of the tenement, given in usufruct, he shall continue, in the case of loss, in the enjoyment of the new building, if constructed, or shall receive the interest on the amount insured, if rebuilding is not convenient to the owner.

When the owner has refused to contribute towards the insurance of the tenement and the usufructuary alone is the insurer, the latter shall acquire the right, in case of loss, to collect in full the amount of the insurance, but under the obligation of investing it in rebuilding the tenement.