Explanation of Article 684
The article addresses another obligation of the beneficiary towards the owner; which is his obligation to cover the usual expenses. In this regard, the article clarifies the types of expenses related to the usufruct item and who is responsible for them, as follows: First: The usual expenses required for the preservation of the usufruct item and maintenance works, such as expenses for obtaining its yield, management expenses, and specified fees on the usufruct item like taxes and the like; these usual expenses are the responsibility of the beneficiary, who must undertake them as they are necessary for the preservation of the usufruct item. Second: Unusual expenses, which are expenses imposed on the item not as a matter of routine, and major repairs which are necessary for the survival of the usufruct item, such as the debt secured by a mortgage on the usufruct property burdened by the mortgage, and the like; these expenses are the responsibility of the owner of the property, but he is not obliged to undertake them, as the owner is not required to do anything in his property, nor is the beneficiary obliged to cover them as they are not his responsibility. However, the beneficiary or the owner may undertake these expenses, and the ruling is as follows: If the beneficiary covers these expenses, he has the right to recover them from the owner at the end of the usufruct right; so that the owner does not unjustly enrich himself. If the owner covers the unusual expenses during the usufruct right, he does not have the right to claim them from the beneficiary; because what he paid was in his property. It is needless to say that the beneficiary is obliged to cover the unusual expenses and major repairs that arise from his fault, and the rules established for harmful acts apply to him. The rules established in this article are not of public order; it is permissible to agree otherwise; such as agreeing that all usual and unusual expenses be on one of them, or agreeing that tax fees be on the owner or that major repairs be on the beneficiary.
Related To
Article 684
A usufructuary shall, during the usufruct term, bear the usual expenses required for the safekeeping and maintenance of the thing subject of the usufruct. The owner shall bear any unusual expenses and the costs of major repairs which do not arise from the usufructuary’s fault, but he shall not be required to incur such expenses or carry out such repairs during the usufruct period. If, however, the usufructuary incurs the expenses or carries out the repairs, he shall have the right of recourse against the owner after returning the thing thereto.