Explanation of Article 697
The article establishes a general principle for the rights of use and habitation, which is the application of the provisions of usufruct rights to the rights of use and habitation in all matters not specifically provided for, provided that it does not conflict with the nature of these two rights. It is clear from this that the causes of the rights of use and habitation are the contract and the will, excluding preemption, because preemption requires the sale of the preempted property, and the aforementioned rights cannot be sold. The obligations of the holder of the rights of use and habitation are the same as those of the usufructuary, except that the right of habitation does not allow the court to seize the house from the holder of the right of habitation and hand it over to a trustee, as is done in the case of usufruct. Creditors cannot seize these two rights because they are not subject to seizure or transfer. Both the rights of use and habitation terminate in the same manner as the right of usufruct.
It should be noted that the provisions applicable to improvements and buildings erected by the holder of the right of habitation on the house subject to that right are the same as those applicable to buildings erected in good faith on another's property, as previously stated in the provisions of accession.
Related To
Article 697
The provisions governing the right of usufruct shall apply to the right of use and the right of habitation in a manner not inconsistent with the provisions and nature of such rights.