Explanation of Article 695
The article clarified the scope of the rights of use and habitation as being limited to what the right holder and his family need for themselves alone, excluding others. If the owner bequeaths a person the right to reside in his building consisting of four apartments, the right holder must adhere to two obligations:
The first obligation: The right holder may not house anyone other than his family with him.
The second obligation: The right holder may only reside in as much space as is sufficient for his and his family's residence. If one apartment is sufficient for him, he is not entitled to reside in more than one apartment.
The reference for determining what is meant by family and the amount of space in which the right holder and his family reside depends on two matters:
The first matter: What is stipulated in the document establishing the rights of use and habitation.
The second matter: What is customary if the document establishing the right does not specify that. It is customary that the family includes all those whom the person supports and takes care of, including the wife, dependent children, parents living under his care, the orphan whom the right holder has undertaken to foster, and also servants.
It is also customary that an apartment with, for example, two rooms is not sufficient for ten people.
Related To
Article 695
The right of use and the right of habitation shall be determined based on the needs of the holder of the right and his family, subject to custom and to the terms set out in the document under which said right is established.