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NOTES IN PROPERTY

Based on the outline of Atty. Noreen Salise-Gonzaga


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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