Section 2: Obligations of the usufructuary

The usufructuary takes the things in the state in which they are, but he may not enter into enjoyment until he has caused to be drawn up, in the presence of the owner, or him duly summoned, an inventory of the movables and a statement of the immovables subject to the usufruct.

He gives security for reasonable enjoyment, if he is not exempted from this by the deed constituting the usufruct; however, as the father and mother have the legal usufruct of their children’s property, the vendor or donor, subject to usufruct, is not required to give security. .

If the usufructuary does not find a surety, the buildings are farmed or sequestered; The sums included in the usufruct are invested; The commodities are sold and the price from them is similarly invested; The interest on these sums and the farm prices belong, in this case, to the usufructuary.

In the absence of a surety from the usufructuary, the owner may require that the furniture which withers through use be sold, for the price of it to be placed like that of commodities; and then the usufructuary enjoys the interest during his usufruct : however, the usufructuary may request, and the judges may order, according to the circumstances, that a part of the furniture necessary for his use be…

Delay in giving security does not deprive the usufructuary of the fruits to which he may be entitled; they are due to him from the time the usufruct was opened.

The usufructuary is only liable for maintenance repairs. Major repairs remain the responsibility of the owner, unless they have been caused by a failure to carry out maintenance repairs since the usufruct opened, in which case the usufructuary is also liable.

The major repairs are those to the large walls and vaults, the restoration of the beams and entire roofs. That of the dykes and retaining and enclosing walls also in their entirety. All other repairs are maintenance. .

Neither the owner nor the usufructuary is obliged to rebuild what has fallen into disrepair, or what has been destroyed by fortuitous event.

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.