Explanation of Article 679
The article defines the right of usufruct as an original real right derived from the right of ownership, granting its holder the right to use and exploit something owned by another as if the owner himself were using and exploiting it, provided it is preserved. Anything that can be the subject of ownership can also be the subject of usufruct, whether it is intangible, like copyright and patent rights, or tangible, such as real estate like agricultural lands and mines, or movable like cars. The article outlines the three characteristics specific to the right of usufruct:
The first characteristic: The right of usufruct is a real right, not a personal one, distinguishing the usufructuary's right from that of a lessee. Although both involve the use and exploitation of the thing, the lessee's right is personal, not real. Consequently, the owner is not obligated to enable the usufructuary to benefit from the usufruct as a lessor is to a lessee; rather, the owner is only required not to interfere with the usufructuary's exercise of his right. Therefore, if the property needs repairs, the owner is not obliged to carry them out under the right of usufruct, unlike in a lease.
The second characteristic: The right of usufruct is temporary, not permanent like ownership. The temporariness of the right of usufruct is due to its nature, as it is derived from ownership, where the elements of ownership are divided, allowing for the disposition of the benefit, as well as exploitation and use, but not permanently. Therefore, the right of usufruct must have a term, ending with the expiration of its temporary term, whether specified, ending with the specified period, or unspecified, ending with the death of the usufructuary, as will be detailed.
The third characteristic: The right of usufruct applies to a non-consumable item, as evident from the text of the article: using and exploiting something owned by another, implying the use and exploitation of the usufruct item and then returning it to its owner after the usufruct term ends. Thus, the item must remain non-consumable. There is a clear difference between an item that is consumed by use and one that wears out over time, like furniture and cars, and the right of usufruct applies to the latter, not the former. However, this matter will be detailed in the explanation of Article (688).
Related To
Article 679
Usufruct is a right in rem whereby a usufructuary is entitled to use and exploit a thing owned by another person.