Explanation of Article 686
The article addresses another obligation of the beneficiary under the usufruct right towards the owner, which is the obligation to return the usufruct item to its owner after the usufruct period has expired. Breaching this obligation is considered a deviation from exercising the necessary care in preserving the usufruct item by the beneficiary as stated in Article (685). This deviation by the beneficiary from his obligation requires compensation in the event of destruction or damage, even if the destruction or damage is due to a cause beyond the beneficiary's control, because the delay in delivering the usufruct item is a fault in itself that necessitates compensation. However, the article exempts one case: if the beneficiary proves that the usufruct item would have been destroyed or damaged even if it had been returned to the owner, such as if the beneficiary delayed in delivering the usufruct car and an act of God, like hail from the sky or floodwaters, inundated the village and destroyed all the cars in the village, including the usufruct car and the owner's other cars. However, if the usufruct car was damaged due to an act of God that occurred in the beneficiary's area but not in the owner's area, the beneficiary is responsible and obliged to compensate the owner, even though the destruction was due to an external cause beyond his control, because merely delaying the delivery of the usufruct item is considered a fault that caused damage, thus necessitating compensation.
The article does not require the owner to notify the beneficiary or demand the return for the beneficiary to bear the consequences of destruction or damage in case of non-return, contrary to the established principle in personal rights in Article (662). The source of this obligation, as previously mentioned, is the system, since the usufruct item is in the possession of the beneficiary. This ruling aligns with what is stated in Article (687) regarding the rules of possession, where the possessor bears the consequences of destruction or damage if he is in bad faith, without the need for a warning from the owner. The beneficiary, if he delays in delivering the usufruct item, is considered a possessor in bad faith.
Related To
Article 686
A usufructuary shall be liable for compensation if the thing subject of the usufruct is destroyed or damaged after the expiration of the usufruct period and the usufructuary did not return it to its owner prior to such expiration despite being able to do so, even if he did not use the thing after expiration of the usufruct period, unless he establishes that the thing would have been destroyed or damaged even if he had returned it to its owner.