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Civil Law

Explanation of Article 691

Explanation of Article 691

The article addresses the fourth reason for the termination of the usufruct right, which is the destruction of the usufruct object.

The first paragraph establishes the general principle in this regard, which is that the destruction of the usufruct object leads to the termination of the usufruct right due to the absence of its subject. The destruction referred to here is total destruction, whether it is physical, such as the collapse of a building, damage to a machine or car, or the burning of the usufruct object, or legal, such as a decision to expropriate the usufruct object or a ruling invalidating the transaction through which ownership of the usufruct object was transferred to the owner.

If the destruction is partial, a distinction is made based on whether the remaining part is usable independently of the destroyed part. If it is not usable independently, the usufruct right ends entirely. However, if the remaining part is usable, the usufruct right continues, as in the case where a building is destroyed but the adjoining garden remains and is usable independently. The right remains on the garden, and the rules of total destruction apply to partial destruction in terms of bearing the consequences, whether the destruction is caused by a third party, the owner, the usufructuary, or due to force majeure.

After establishing the general principle that the usufruct right ends with the destruction of the usufruct object, the article provides details considering the cause of the destruction and whether compensation was paid or not, and the possibility of restoring the usufruct object after its destruction. Considering these factors, the destruction of the usufruct object falls into four cases:

First case: If the destruction occurs without the act of the owner or the usufructuary and does not result in compensation, such as when the usufruct object is destroyed due to force majeure, the usufruct right ends due to the absence of the subject and the impossibility of execution. The owner is not obliged to restore the usufruct object to its original state, but if the owner restores the object, the usufruct right returns to the usufructuary.

Related To

Article 691

  1. If the thing subject of the usufruct is destroyed, the usufruct shall terminate. However, if compensation is paid, the usufruct shall transfer to the compensation, and the usufructuary shall, upon termination of the usufruct, return the thing or a substitute thereof, as the case may be.

  2. If the destruction is attributable to the owner’s fault, he shall restore the thing to its original condition, if possible, and the usufructuary shall continue to use the thing.