Explanation of Article 688
The article addresses another obligation of the beneficiary concerning the situation where there are consumable items with the usufruct object. It has been clarified in the explanation of Article (679) that the principle of usufruct rights is that they pertain to non-consumable items, as the beneficiary is obliged to return the usufruct object itself to the owner upon the termination of the usufruct right. Therefore, the usufruct object must remain non-consumable during the usufruct. Consumable items such as money, food, and drink are naturally unsuitable to be returned in their original form. However, this principle may have an exception, where consumable items are subject to usufruct rights as an accessory, not independently. The first paragraph refers to this observation with its text "if there are consumable movables with the usufruct object," where the word "with" here indicates accessory. For example, if a person bequeaths to another the right of usufruct in part of their estate, and it includes consumable items, or grants the beneficiary the right of usufruct over a house with its contents, and among the contents are consumable movables like food and drink, the usufruct right can validly apply to them as an accessory. If the usufruct right is established in this manner, the beneficiary may consume the consumable movables. The first paragraph clarifies the ruling if there are consumable movables with the usufruct object, stating that the beneficiary may consume them, but they have an obligation towards the owner to return the equivalent of the consumed item after the usufruct right ends. The equivalent of the item is either its like or its value, and the choice here belongs to the beneficiary according to what they see as serving their interest, without the owner having the right to object to the beneficiary's choice, provided that the beneficiary does not abuse the right granted to them. It appears from this that what transfers to the beneficiary in consumable items is not merely usufruct, but a full ownership right that allows the beneficiary to consume the item, provided that they return its like or value at the end of the usufruct right; meaning that the ownership of the item, both corpus and usufruct, transfers to the beneficiary, and the owner becomes merely a creditor for the like or value of the item. Therefore, this right is referred to in legal doctrine as a "quasi-usufruct right," which differs from the usufruct right that pertains to non-consumable items where the owner retains the corpus. The second paragraph clarifies that if the usufruct right is not for a specified duration and ends with the death of the beneficiary, or ends with the expiration of its term and the beneficiary dies before returning the consumable movables to the owner, the value of these movables becomes a debt on the beneficiary's estate to be settled from it before distribution to the heirs.
Related To
Article 688
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If the usufructuary consumes the consumable items which accompany the thing subject of the usufruct, he shall return its equivalent upon the expiration of the usufruct period.
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If the usufructuary dies prior to returning to the owner the equivalent consumable items provided for in paragraph (1) of this Article, the usufructuary’s estate shall be liable therefor.