CHAPTER 2–USUFRUCT SECTION 1–GENERAL PRINCIPLES Art. 535. Usufruct. Usufruct is a real right of limited duration on the property of another. The features of the right vary with the nature of the things subject to it as consumables or nonconsumables. Acts 1976, No. 103, §1.
Art. 536. Consumable things. Consumable things are those that cannot be used without being expended or consumed, or without their substance being changed, such as money, harvested agricultural products, stocks of merchandise, foodstuffs, and beverages. Acts 1976, No. 103, §1.
Art. 537. Nonconsumable things. Nonconsumable things are those that may be enjoyed without alteration of their substance, although their substance may be diminished or deteriorated naturally by time or by the use to which they are applied, such as lands, houses, shares of stock, animals, furniture, and vehicles. Acts 1976, No. 103, §1.
Art. 538. Usufruct of consumable things If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct he is bound either to pay to the naked owner the value that the things had at […]
Art. 539. Usufruct of nonconsumable things. If the things subject to the usufruct are nonconsumables, the usufructuary has the right to possess them and to derive the utility, profits, and advantages that they may produce, under the obligation of preserving their substance. He is bound to use them as a prudent administrator and to deliver […]
Art. 540. Nature of usufruct. Usufruct is an incorporeal thing. It is movable or immovable according to the nature of the thing upon which the right exists. Acts 1976, No. 103, §1.
Art. 541. Divisibility of usufruct. Usufruct is susceptible to division, because its purpose is the enjoyment of advantages that are themselves divisible. It may be conferred on several persons in divided or undivided shares, and it may be partitioned among the usufructuaries. Acts 1976, No. 103, §1.
Art. 542. Divisibility of naked ownership. The naked ownership may be partitioned subject to the rights of the usufructuary. Acts 1976, No. 103, §1.
Art. 543. Partition of the property in kind or by licitation When property is held in indivision, a person having a share in full ownership may demand partition of the property in kind or by licitation, even though there may be other shares in naked ownership and usufruct. A person having a share in naked […]
Art. 544. Methods of establishing usufruct; things susceptible of usufruct. Usufruct may be established by a juridical act either inter vivos or mortis causa, or by operation of law. The usufruct created by juridical act is called conventional; the usufruct created by operation of law is called legal. Usufruct may be established on all kinds […]
Art. 545. Modifications of usufruct. Usufruct may be established for a term or under a condition, and subject to any modification consistent with the nature of usufruct. The rights and obligations of the usufructuary and of the naked owner may be modified by agreement unless modification is prohibited by law or by the grantor in […]
Art. 546. Usufruct in favor of successive usufructuaries. Usufruct may be established in favor of successive usufructuaries. Acts 1976, No. 103, §1.
Art. 547. Usufruct in favor of several usufructuaries. When the usufruct is established in favor of several usufructuaries, the termination of the interest of one usufructuary inures to the benefit of those remaining, unless the grantor has expressly provided otherwise. Acts 1976, No. 103, §1.
Art. 548. Existence of usufructuaries. When the usufruct is established by an act inter vivos, the usufructuary must exist or be conceived at the time of the execution of the instrument. When the usufruct is established by an act mortis causa, the usufructuary must exist or be conceived at the time of the death of […]
Art. 549. Capacity to receive usufruct Usufruct may be established in favor of a natural person or a juridical person. Acts 1976, No. 103, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.
