Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 347Usufructuary cannot claim compensation for improvements.

Sub-title I

In forceOfficial text

(1) The usufructuary cannot, at the termination of the usufruct, claim any compensation for the improvements of any kind which he may have executed, even though the value of the thing may have been considerably increased thereby.

(2) Any such improvements, however, may be taken into consideration in the assessment of any damages for which the usufructuary may be liable.

(3) Where no set-off arises under sub-article (2) the usufructuary may take away those improvements which may be removed with profit to himself, and without damage to the tenement, unless the owner prefers to retain them, on payment to the usufructuary of a sum corresponding to the profit which the latter might obtain by removing them from the tenement.