Explanation of Article 687
The article addresses another obligation of the beneficiary towards the owner, which is the obligation to inform the owner in certain situations to preserve the owner's right in the object being benefited from and the consequence if he fails to do so. Upon reflection, it is noted that the common element among those matters that the beneficiary must inform the owner about is that they pose a threat to the object being benefited from. The beneficiary's fulfillment of this obligation stipulated in this article is an extension of the general obligation stipulated in Article (685) to exercise the care in preserving the object being benefited from that a normal person would exercise. A deviation from exercising care is considered not informing the owner of the danger threatening the object being benefited from. The article has limited the matters that the beneficiary must inform the owner about to three matters:
A- If a person seizes the object being benefited from or a third party claims a right to it, such as theft of the object being benefited from, or its usurpation, or the state taking it, or a person claiming ownership of it or any real right over it.
B- If the object being benefited from perishes, is damaged, or requires substantial repairs, the costs of which are borne by the owner according to what was explained when explaining Article (684).
C- If the owner needs to take action to avert a hidden danger. The hidden danger refers to anything that could harm the object being benefited from in the future and is not apparent at present; such as a slight water leak, or a slight crack, which does not affect the safety of the building during the beneficiary's period of use. However, it poses a threat to the safety of the building in the future if not addressed at present; if the beneficiary does not inform the owner of this danger, the penalty outlined in the second paragraph applies. The reason for this is that the object being benefited from is in the hands of the beneficiary, and the owner is not required to carry out necessary repairs during the period of use; it is possible for the beneficiary to become aware of hidden dangers unknown to the owner and for which the owner has no means of knowing; hence, it is obligatory for the beneficiary to inform the owner about them. The concealment here refers to relative concealment concerning the owner, not the beneficiary; it is hidden from the owner under normal circumstances and apparent to the beneficiary under normal circumstances; however, if the danger is absolutely hidden, making it impossible even for the beneficiary to know about it, the beneficiary is not responsible for it.
The second paragraph clarified the penalty resulting from the beneficiary's failure to fulfill his obligation to inform in the cases mentioned in the first paragraph within a reasonable period, which is the owner's right to compensation. This is according to the rules of damage; it is not sufficient for the owner to deserve compensation merely because of the beneficiary's error in not informing within a reasonable period; the owner must prove the damage he suffered and that it was due to the beneficiary's failure to fulfill his obligation to inform; the elements of error must be present.
The article did not stipulate a specific form for informing the owner; it can be by any means that achieves the notification, whether in writing or orally, whether by ordinary or digital means or otherwise, and the burden of proving that he has informed lies with the beneficiary.
Related To
Article 687
- A usufructuary shall notify the owner in the following cases:
a) If the thing subject of the usufruct is seized by another person or if a third party claims a right over the thing.
b) If the thing subject of the usufruct is destroyed or damaged or requires major repairs the costs of which are borne by the owner.
c) If it is necessary to take preventive measures against a hidden threat.
- If the usufructuary fails to notify the owner in the cases provided for in paragraph (1) of this Article within a reasonable period, he shall be liable for compensation for any damage.