Chapter I: Usufruct

The usufruct of a life annuity also gives the usufructuary, for the duration of his usufruct, the right to receive the arrears, without being required to make any restitution.

If the usufruct includes things which, without being consumed immediately, deteriorate little by little through use, such as linen, furnishings, the usufructuary has the right to use them for the purpose for which they were intended, and is only obliged to return them at the end of the usufruct in the condition in which they are, not deteriorated by his wilfulness or fault.

If the usufruct includes coppiced woods, the usufructuary is obliged to observe the order and proportion of the cuts, in accordance with the development or the constant use of the owners; without compensation, however, in favour of the usufructuary or his heirs, for ordinary cuts, either of coppice, baliveaux or futaie, which he would not have made during his enjoyment. Trees that can be taken from a nursery without damaging…

The usufructuary still benefits, always in accordance with the times and usage of the former owners, from the parts of the high forest woods that have been set aside for regulated felling, whether these felled periodically over a certain area of land or from a certain quantity of trees taken indiscriminately from the entire surface of the estate.

In all other cases, the usufructuary may not touch the tall trees: he may only use, to make the repairs for which he is liable, trees uprooted or broken by accident; he may even, for this purpose, have them felled if necessary, but on condition that he establishes the need with the owner.

He may take, in the woods, stiles for the vines; he may also take, from the trees, annual or periodic products; all according to the use of the country or the custom of the owners.

Fruit trees that die, and even those that are uprooted or broken by accident, belong to the usufructuary, with the obligation to replace them with others.

The usufructuary may enjoy by himself, lease to another, even sell or transfer his right free of charge. Leases which the usufructuary alone has made for a period which exceeds nine years are, in the event of cessation of the usufruct, obligatory with regard to the bare owner only for the time which remains to run, either of the first nine-year period, if the parties are still in it, or…

The usufructuary enjoys the increase that has occurred by alluvium to the object of which he has the usufruct.

He shall enjoy the rights of easement, of passage, and generally all the rights which the owner may enjoy, and he shall enjoy them as the owner himself.