Title III: Usufruct, use and habitation

The usufructuary is liable, during his enjoyment, for all the annual charges of the inheritance, such as contributions and others which in usage are deemed to be charges of the fruits.

With regard to the charges which may be imposed on the property during the usufruct, the usufructuary and the owner contribute to them as follows: The owner is obliged to pay them, and the usufructuary must account to him for the interest; If they are advanced by the usufructuary, he has the recovery of the capital at the end of the usufruct.

A legacy made by a testator, of a life annuity or alimony, must be paid by the universal legatee of the usufruct in its entirety, and by the universal legatee of the usufruct in proportion to his enjoyment, without any repetition on their part.

The usufructuary by particular title is not liable for the debts on which the land is mortgaged: if he is forced to pay them, he has his recourse against the owner, except as provided in Article 1020, under the heading “Gifts inter vivos and wills”.

The usufructuary, or universal, or by universal title, must contribute with the owner to the payment of debts as follows: The value of the land subject to usufruct is estimated; the contribution to debts is then fixed in proportion to that value. If the usufructuary wishes to advance the sum for which the land must contribute, the capital thereof is returned to him at the end of the usufruct, without…

The usufructuary is only liable for the costs of any legal proceedings concerning the usufructuary’s enjoyment and any other judgments to which such proceedings may give rise.

If, during the term of the usufruct, a third party commits any usurpation on the land, or otherwise expects to infringe the rights of the owner, the usufructuary is bound to report it to the latter; failing this, he is liable for all the damage that may result to the owner, as he would be for damage committed by himself.

If the usufruct is established only over an animal which comes to perish through no fault of the usufructuary, the latter is not obliged to return another, nor to pay the estimate.

If the herd over which a usufruct has been established perishes entirely by accident or disease and through no fault of the usufructuary, the usufructuary is liable to the owner only for an account of the hides, or their estimated value at the date of restitution. If the herd does not perish entirely, the usufructuary is liable to replace, up to the amount of the growth, the heads of the…