Explanation of Article 683
This article, up to Article (688), outlines the obligations of the beneficiary towards the owner; it revolves around the obligation stated in Article (685), which is the necessity to preserve the object being benefited from. These obligations are imposed by the system due to the existence of the usufruct object in the hands of the beneficiary to benefit from it; thus, the source of these obligations is the system. Other obligations may arise based on the document establishing the usufruct right from a contract or a will; the source of those obligations would be that document. It is worth noting that the beneficiary may have other obligations towards the transferor who transferred the usufruct right if the beneficiary did not receive the right directly from the owner. This article outlines the first obligation of the beneficiary towards the owner, which relates to the limits of benefiting from the usufruct object; it obliges the beneficiary to benefit from the usufruct object according to what is agreed upon between the beneficiary and the owner of the corpus. The owner has the right to stipulate conditions aimed at preserving the usufruct object or similar purposes, which are binding on the beneficiary. However, conditions stipulated by the owner that lead to emptying the usufruct right of its content and result in depriving the beneficiary of their right to benefit are void unless they are for a reasonable period and intended to protect a legitimate interest, applying the provisions of the condition prohibiting disposition in Article (617). The paragraph also clarifies that in the absence of an agreement on how the beneficiary should benefit from the usufruct object and its limits, the beneficiary must benefit according to the usual benefit based on an objective standard, which is the nature of the object subject to usufruct and its intended purpose. If the usufruct object is agricultural land, the benefit would be in cultivating it or leasing it and selling the usufruct right and the like. If it is a residential apartment, it would be in residing in it or leasing it and selling the usufruct right and the like. The second paragraph of the article outlines the owner's rights as a consequence of the beneficiary's breach of this obligation; this is in case the beneficiary uses the object in an unlawful manner or inconsistent with the nature of the usufruct object, such as if the usufruct right pertains to a private vehicle for riding and is used for transporting equipment, or on a residential property and is used for manufacturing materials for their commercial activity, or if a condition is stipulated not to benefit from the usufruct right in a specific matter for an apparent interest and this condition is violated; the article states that in such cases, the owner has the following: A- The owner has the right to object to any unlawful use or use not consistent with the nature of the usufruct object. B- The owner has the right to demand the beneficiary provide guarantees such as a mortgage or guarantor to ensure compensation for any damages that may result from this use, provided the owner proves that their rights are at risk due to this use. C- The court, at the owner's request, has the right to remove the usufruct object from the beneficiary and hand it over to someone who will manage it in two cases: 1- If the beneficiary does not provide guarantees. 2- If they continue to misuse it, whether they provide guarantees or not. The court, at the owner's request, if it sees serious misuse to the extent that requires a more severe measure, may rule to terminate the usufruct right, depriving the beneficiary of the remaining period of benefit. However, the paragraph states that in this case, the rights of others, such as the mortgagee, must be considered. If the usufruct right is mortgaged and the usufruct right returns to the owner, the usufruct right for the remaining period will be encumbered by the mortgage, and the mortgagee creditor may seize the usufruct right but not the ownership right.
Related To
Article 683
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A usufructuary shall use the thing subject of the usufruct within the limits agreed upon. If no agreement is made, he shall use the thing within the limits of the usual usufruct according to the intended purpose of the thing.
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An owner may object to any use that is unlawful or inconsistent with the nature of the thing subject of the usufruct. He may, if he establishes that his rights may be prejudiced, demand that the usufructuary provides securities. If the usufructuary fails to provide such securities or if such use continues, the court may order confiscation of the thing and entrust the management thereof to a third party. The court may also, depending on the gravity of the situation and without prejudice to the rights of third parties, terminate the usufruct.