Explanation of Article 682
The article clarified that the fruits of the usufructed item belong to the usufructuary during the period of usufruct. However, before or after the usufruct period, they do not belong to the usufructuary, whether the fruits are civil, like the rent of a house, industrial, like crops, or natural, like livestock produce.
The method of calculating the usufructuary's right to the fruits of the usufructed item during the usufruct period varies depending on the type of fruits as follows:
-1- If the fruits are civil, like the rent of a house, the usufructuary is entitled to the fruits throughout the usufruct period. If the usufruct period ends before the periodic due date for entitlement, the usufructuary has the right to the fruits in proportion to the duration of his usufruct. For example, if the usufructuary is entitled to the rent of the property at the end of each month, and the usufruct ends on the tenth day of the month due to the death of the usufructuary in an indefinite usufruct, the usufructuary is entitled to a proportionate share of the fruits for the duration of his usufruct, which is ten days of the month.
2- If the fruits are industrial, like those obtained from farming land, there are two possibilities: A- If the usufructuary has harvested the fruits, in this case, the usufructuary is entitled to the fruits whether he prepared the land from the beginning or took it as a usufruct from the owner after the owner prepared it. The reason for the usufructuary's entitlement is that the fruits were considered by both the owner and the usufructuary when estimating the compensation for the right of usufruct. B- If the usufructuary has not harvested the fruits, this situation is addressed in the second paragraph of Article (690), which will be explained when discussing that article.
-3- If the fruits are natural, like the milk and wool of livestock, they end with the end of the right of usufruct and then immediately revert to the owner of the property.
This ruling, as determined by the article regarding the usufructuary's entitlement to the fruits of the usufructed item during the usufruct period only, is restricted by the absence of a specific legal provision to the contrary, as indicated in the second paragraph of Article (690), or the existence of an agreement between the usufructuary and the owner on how to distribute the fruits among them contrary to what the article stipulates. These provisions are not of public order, so it is permissible to agree otherwise, and such agreements apply between the parties as long as they meet the general conditions for the validity of obligations.
Related To
Article 682
A usufructuary shall be entitled to the fruits of the thing subject of the usufruct for the term of the usufruct.