EXTINCTION OF USUFRUCT DUE TO EXPIRATION OF TERM
EXTINCTION OF USUFRUCT DUE TO LACK OF USE
The usufructuary must actively exercise their right. If they cease to use it for a continuous period of five years, the usufruct expires through extinctive prescription. This mechanism protects the owner from prolonged abandonment and promotes the actual use of assets.
EXTINCTION OF USUFRUCT BY CONSOLIDATION IN ONE PERSON
Termination also occurs when the usufructuary acquires ownership of the property. In such cases, the rights of usufruct and ownership merge into a single person, making it unnecessary to maintain them separately. For example, if a child usufructuary inherits the property they were benefitting from, the usufruct disappears through consolidation.
EXTINCTION OF USUFRUCT BY VOLUNTARY RENUNCIATION
The usufructuary may expressly and freely renounce their right, provided that no third-party rights are affected. Such renunciation is valid even if the agreed term has not yet expired, since the usufructuary’s will is fully effective in this regard. This situation is common in family agreements or asset reorganization processes.
EXTINCTION OF USUFRUCT DUE TO LOSS OR DESTRUCTION OF PROPERTY
If the property subject to usufruct is completely destroyed or definitively lost, the usufruct also terminates. It is not possible to exercise usufruct over a non-existent asset. A clear example is the total loss of a vehicle or the complete destruction of a property due to fire.
EXTINCTION OF USUFRUCT DUE TO ABUSE OF RIGHT
When the usufructuary acts negligently or abusively, deteriorating the asset, alienating it without authorization, or allowing its loss through lack of ordinary repairs, the owner may judicially request the termination of the usufruct. This cause protects the owner’s assets and limits conduct that undermines the social function of the right.
In conclusion, the extinction of usufruct may result from the expiration of the term, lack of use, consolidation in the owner, voluntary renunciation, loss of the property, or abuse by the usufructuary. These causes ensure a balance between the usufructuary’s right of enjoyment and the preservation of the owner’s property.
Our law firm offers expert legal counsel in patrimonial law, including the establishment, defense, and termination of usufructs. If you are facing a related legal issue, contact us for professional assistance.
Frequently Asked Questions (FAQs)
What happens if the usufructuary dies before the term expires?
The usufruct automatically terminates upon the usufructuary’s death, except when the right belongs to a legal entity for a fixed term.
Can usufruct be renounced at any time?
Yes, provided that the renunciation is express and does not harm third parties with legitimate interests.
What is the difference between extinction by term and by prescription?
Extinction by term occurs upon the expiration of the agreed or maximum legal period, while prescription due to lack of use requires the usufructuary’s inactivity for five consecutive years.
What responsibility does the usufructuary have regarding property deterioration?
They must carry out ordinary repairs and keep the property in proper condition. If they fail to do so, they may lose their right due to abuse.
Can the owner recover the property before the term if there is abuse by the usufructuary?
Yes, through judicial action declaring extinction due to abuse, the owner can regain full use of the property.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
