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Usufruct Study Guide

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Usufruct Study Guide Article 562 ± 578 1. Define usufruct. 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. 2. What are the three fundamental Rights Appertaining to Ownership? Ownership consists of three fundamental rights, to wit: - jus disponende (right to dispose) - jus utendi (right to use) - jus fruendi (right to the fruits) 3. Of the above-mentioned fundamental rights, what consists usufruct and naked ownership? The combination of the jus utendi and jus fruendi is called usufruct. The remaining right jus disponendi is really the essence of what is termed ³naked ownership´. 4. What right is transferred to the usufructuary and what right is remained with the owner? In a usufruct, only the jus utendi and jus fruendi over the property is transferred to the usufructuary. The owner of the property maintains the jus disponendi or the power to alienate, encumber, transform, and even destroy the same. (Hemedes vs. CA, 316 SCRA 347 1999). 5. What are the formulae with respect to full ownership, usufruct, and naked ownership? The following are the formulae: - Full Ownership equals Naked Ownership plus Usufruct - Naked Ownership equals Full Ownership minus Usufruct - Usufruct equals Full Ownership minus Naked Ownership 6. What are the characteristics or elements of usufruct? The following are the characteristics or elements of usufruct: ESSENTIAL CHARACTERISTICS: those without which it can not be termed usufruct: (a) It is REAL RIGHT (whether registered in the Registry of Property or not). (b) 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 normal use or Exploitation. NATURAL CHARACTERISTIC OR ELEMENT: that which ordinarily is present, but a contrary stipulation can eliminate it because it is not essential. The obligation of CONSERVING or PRESERVING the FORM AND SUBSTANCE (value) of the thing. Example- a swimming pool must be conserved as a swimming pool. ACCIDENTAL CHARACTERISTIC or ELEMENTS: those which may be present or absent depending upon the stipulation of the parties. Examples: - whether it be a pure or a conditional usufruct; - the number of years it will exist; - whether it is in favor of one person or several, etc. 7. What are the requisites of usufruct? There are two requisites of usufruct- the essential and the accidental. The essential requisite is the right to enjoy the property of another, while the accidental requisite is the obligation of preserving the form and substance of such property. The latter is accidental because the title constituting the usufruct or the law may otherwise provide, as in the case of abnormal usufructs. 8. What are the REASONS for conserving form and substance? The following are the reasons for conserving form and substance: - to prevent extraordinary exploitation; - to prevent abuse, which is frequent; - to prevent impairment. 9. What may be the object of usufruct? The following may be the object of usufruct: (a) May be real or personal property. Thus, there can be a usufruct over an automobile or over money. (b) May be sterile or productive (fruitful things). Thus, there can be a usufruct over sterile animals. (c) May be created over a right (as long as it is not strictly personal or intransmissible, and as long as it has an independent existence. Thus, there can be no usufruct over an easement, for the latter has no independent existence. 10. Does a usufructuary have available right of action? Yes. The following are the rights of action available to usufructuary: - action to protect the usufruct itself; - action to protect the exercise of the usufruct. 11. Distinguish usufruct from ownership. While ownership has for its attributes: (1) the right to enjoy (jus utendi, jus fruendi, jus abutendi), (2) the right to dispose (jus disponendi), and (3) the right to vindicate or recover the property (jus vindicandi), usufruct is limited merely to the enjoyment of the property (jus utendi and jus fruendi). 12. Enumerate the similarities between a usufruct and an easement. The following are the similarities between a usufruct and an easement: - Both are real rights whether registered or not. - Both rights may be registered provided that the usufruct involves real property. All easements of course concern real property. (Thus, a usufruct over personal property though a real right, cannot be registered because it is a real right over personal property.) - Both may be ordinarily be alienated or transmitted in accordance with the formalities set by law. 13. Distinguish Usufruct from Easements (Servitudes). The following are the distinction between usufruct and easement: - In usufruct, the object may be real or personal property; whereas in easement, it involves only real property. - In usufruct, what can be enjoyed are ALL uses and fruits of the property; whereas in easement, it is limited to a particular use. - A usufruct can not be constituted on an easement, but it may be constituted on the land burdened by an easement; whereas, an easement may be constituted in favor of, or burdening, a piece of land held in usufruct. - In usufruct, usually extinguished by death of usufructuary; whereas, in easement, it is not extinguished by the death of the owner of the dominant estate. 14. Distinguish usufruct from lease. Usufruct is distinguished from lease as follows: - AS TO NATURE OF RIGHT: Usufruct is always a real right, whereas lease becomes a real right only when registered; - AS TO CONSTITUTION: Usufruct is constituted by law, by the will of private persons expressed in acts inter vivos or in a last will and testament, and by prescription, whereas lease is as a rule constituted by contract; - AS TO THE PERSON CONSTITUTING IT: In usufruct, the person constituting it is the owner, whereas in lease, the person constituting need not be the owner; - AS TO EXTENT: Usufruct includes the right to use and to enjoy the fruits (jus utendi and jus fruendi) of the thing, whereas lease is more limited; - AS TO REPAIRS: The usufructuary is responsible for ordinary repairs, whereas the lessee is not; and - AS TO TAXES: The usufructuary is responsible for taxes on the fruits, whereas in lease is not. 15. How may usufruct be constituted? A usufruct may be constituted: - by law; - by the will of private persons expressed in acts inter vivos; - by the will of the private persons expressed in a last will and testament; and - by prescription. 16. How may a usufruct be classified as to origin? Usufruct may be classified into the following manner as to origin: LEGAL (created by law) Example: Usufruct of parents over the property of their unemencipated children. Such usufruct cannot, because of family reasons, be mortgaged or alienated by the parents. VOLUNTARY OR CONVENTIONAL Created by will of the parties INTER VIVOS. (as by contract or donation) Example: when an owner sells or alienates the usufruct. Or created MORTIS CAUSA (as in last will and testament). MIXED OR PRESCRIPTIVE Created by both law and act of a person. Example: I possessed in good faith a parcel of land which really belonged to another. Still in good faith, I gave in my will to X, the naked ownership of the land and to Y, the usufruct. In due time, Y may acquire the ownership of the usufruct by acquisitive prescription. 17. Is it a must that the usufruct over real property be registered? Yes. A usufruct over real property, being a real right, must be duly registered in order to bind innocent third parties. 18. What are the classifications of usufruct according to quantity or extent (of fruits or object)? The following are the classifications of usufruct according to quantity or extent (of fruits or object): - As to fruits: TOTAL or PARTIAL (depending on whether all the fruits are given or not). - As to object: UNIVERSAL (if over the entire patrimony) or SINGULAR or PARTICULAR (if only individual things are included). 19. What are the classifications of Usufruct as to the number of persons enjoying the right? The following are the classifications of usufruct as to the number of persons enjoying the right: - SIMPLE: if only one usufructuary enjoys. - MULTIPLE: if several usufructuaries enjoy - Simultaneous (at the same time) - Successive (one after the other) BUT in this case, if the usufruct is created by donation, all the donees must be alive, or at least already conceived, at the time of the perfection of the donation. (Art. 756); and in the case of testamentary succession, there must only be two successive usufructuaries; moreover, both must be alive or at least conceived at the time of the testator¶s death. (Arts 863 and 869). 20. What are the classifications of Usufruct as to the Quality or Kind of objects involved? The following are the classifications of usufruct as to the quality or kind of objects involved: - Usufruct over RIGHTS: The right must not be strictly personal or intransmissible in character; hence, the right to receive present or future support cannot be the object of a usufruct. A usufruct over a real right is also by itself a real right. - Usufruct over THINGS - NORMAL (or perfect or regular) USUFRUCT: This involves non-consumable things where the form and substance are preserved. - ABNORMAL (or imperfect or irregular) USUFRUCT: Usufruct over consumable property. This is also called quasi-usufruct; usufruct over non- consumable things that gradually deteriorate by use. 21. What are the classifications of usufruct according to terms or conditions? The following are the classifications of usufruct according to terms or conditions: - PURE USUFRUCT: no term or condition.
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