Article II. On the Species of Right which is Called Use or Usufruct

Use is the right of using the thing of another, its substance being preserved. - It is called 1st. right, because this use is true dominion, and does not belong to those who have only use of fact, e.g., religious strictly so called. - It is called 2nd. its substance being preserved, because the right of destroying the thing or of abusing it belongs to him who has direct dominion or dominion of property. Usufruct is the right at once of using and of taking fruit from the things of another, their substance likewise being preserved. Wherefore usufruct imports more than use.

Question 1. What are the rights and burdens of a usufructuary?

Response. The usufructuary has the full use and enjoyment of the thing of another, so that at his own pleasure he can dispose of the fruits of the thing, whether by himself or through another. Yet he has the burden of using the thing of another as a good father of a family, and of returning it such as it ought to be found after good administration. Besides, upon him rests the burden both of providing custody, and of undertaking expenses if they are modest, and also of making expenditures that he may take natural fruits from it. The reason for all these things is that the usufructuary is considered to act as the person of the proprietor as regards useful dominion. But often from diverse agreements these rights and burdens are modified.

Question 2. How does usufruct cease?

Response. It ceases 1st. by the death of the usufructuary; 2nd. by the established time; 3rd. by the destruction of the whole thing; 4th. by consolidation, e.g., if the usufructuary becomes owner of the thing; 5th. by total change, e.g., if a meadow becomes a pool; 6th. by abuse, by which through the fault of the usufructuary the thing becomes worse; 7th. by renunciation of the usufructuary, provided it is not done in fraud of creditors. - Cf. Kenrick, nn. 94 and seq. - Bouvier, Law Dictionary, under the word Tenant.