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Notes in Property: Ix. Usufruct A. Concept - Article 562

Usufruct gives the right to enjoy another's property while preserving its form and substance. It is a real right that is temporary in nature and authorizes the holder to enjoy all advantages from normal exploitation of the property. Usufruct has essential characteristics of being a real right, having a temporary duration, and its purpose being to enjoy benefits from normal use. It also naturally carries an obligation to conserve the property's form and substance. Usufruct is distinguished from a lease in that a usufruct covers all fruits and uses of the property while a lease generally only covers a particular use. A usufruct can only be created by the property's owner or authorized agent.

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82 views1 page

Notes in Property: Ix. Usufruct A. Concept - Article 562

Usufruct gives the right to enjoy another's property while preserving its form and substance. It is a real right that is temporary in nature and authorizes the holder to enjoy all advantages from normal exploitation of the property. Usufruct has essential characteristics of being a real right, having a temporary duration, and its purpose being to enjoy benefits from normal use. It also naturally carries an obligation to conserve the property's form and substance. Usufruct is distinguished from a lease in that a usufruct covers all fruits and uses of the property while a lease generally only covers a particular use. A usufruct can only be created by the property's owner or authorized agent.

Uploaded by

Achilles Neil Ebron
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NOTES IN PROPERTY

Based on the outline of Atty. Noreen Salise-Gonzaga


_____________________________________________________________________________________________________________________________

IX. USUFRUCT and uses as a covers only a


rule. particular or
A. Concept – Article 562 specific use.
2. as to Nature of 2. is always a real 2. is a real right
Art. 562. Usufruct gives a right to enjoy the property of the right right. only if, as in the
another with the obligation of preserving its form and case of a lease
substance, unless the title constituting it or the law over REAL
otherwise provides. PROPERTY, the
lease is
 Usufruct is a real right, temporary in character that REGISTERED, or is
authorizes the holder to enjoy all the advantages derived for MORE THAN
from a normal exploitation of another’s property, ONE YEAR,
according to its destination or purpose, and imposes the otherwise, it is
obligation of restoring, at the time specified, either the only a personal
thing itself or its equivalent. right.
3. as to the 3. can be created 3.
B. Characteristics of Usufruct CREATOR of the only by the
right owner, or by a
1) Essential (without which, it is not usufruct) duly authorized
a) Real right; agent, acting in
b) Temporary nature or duration; and behalf of the
c) Its purpose is to enjoy the benefits and derive all owner.
advantages from the object as a consequence of
Normal Use or Exploitation.
2) Natural (ordinarily present, but a contrary stipulation can
eliminate it)
o Obligation of conserving or preserving the form and
substance of the thing.
3) Accidental (may be present or absent depending on the
stipulation of the parties)

C. Usufruct distinguished from Lease, from Servitude


 Usufruct distinguished from Lease:

Basis Usufruct Lease


1. as to EXTENT Covers all fruits 1. generally

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