Explanation of Article 692
Article five outlines the fifth reason for the termination of the usufruct right, which is the relinquishment of the usufructuary to the owner of the property. This relinquishment can occur through the unilateral will of the usufructuary, without requiring the owner's acceptance. It can also occur through the mutual agreement of both the usufructuary and the owner. Furthermore, the relinquishment may be gratuitous or in exchange for compensation, such as when the usufructuary and the owner agree that the usufructuary will relinquish the right of usufruct in return for a monetary amount.
In all the aforementioned cases, no specific form is required to express the will to relinquish; it can be done in writing or verbally, and it can be explicit or implicit, inferred from the circumstances.
The article clarifies that the relinquishment of the usufructuary does not affect two matters:
The first matter: The obligations that have been established on the usufructuary towards the owner, such as the obligation to cover routine maintenance expenses during the usufruct, or compensation to the owner due to misuse of the usufruct right. The relinquishment does not affect the discharge of these obligations, as it does not have a retroactive effect.
The second matter: The rights of third parties, such as a creditor holding a pledge on the usufruct right. The pledge remains valid despite the relinquishment, and the usufructuary's creditor can challenge the effectiveness of the relinquishment if it would cause the usufructuary's debts to exceed their assets, as outlined in the action for the ineffectiveness of the debtor's dispositions against their creditors.
It is important to note that the termination of the usufruct right through the unilateral will of the usufructuary is only applicable if the document establishing this right does not include an agreement to the contrary. If there is an explicit or implicit agreement that the usufructuary cannot relinquish the right unilaterally, then they are not permitted to do so. An implicit agreement may be established if customary practice dictates otherwise.
Related To
Article 692
A usufruct shall terminate if relinquished by the usufructuary, without prejudice to his obligations to the owner of the thing subject of the usufruct nor to the rights of third parties.