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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 352Security to be given by usufructuary.

Sub-title I

In forceOfficial text

(1) It shall likewise be unlawful for the usufructuary, unless he has been exempted by the act creating the usufruct, to commence to exercise his rights over the things subject to the usufruct before he has given security that he will enjoy the things so subject as a bonus paterfamilias, that he will restore the movables, refund the values of the things mentioned in article 329, and make good any damage that might happen through his negligence whether to the movables or to the immovables.

(2) The sum of the security, for the purposes of the hypothecary registration, shall be regulated by the amount of the capitals that are to be delivered to the usufructuary or that may be restored to him during the usufruct, by the value of the movables, and by the cost of such repairs in the immovables as may probably be required during a period of five years and as are, according to law, at the charge of the usufructuary.

(3) It shall be lawful for the court, according to circumstances, to fix a lesser sum; and in such case, should the sum of the security be spent or become insufficient before the termination of the usufruct, the usufructuary shall be bound to give a further security, and, in default, the provisions of article 355 shall apply.