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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 379Termination of usufruct by wrongful use thereof.

Sub-title I

In forceOfficial text

(1) Usufruct may also terminate by reason of the wrongful use which the usufructuary makes of his right, either by causing injury to the tenements, or by suffering them to run into ruin for want of ordinary repairs.

(2) In any such case the court may, according to the gravity of the circumstances, instead of ordering the absolute termination of the usufruct, either appoint an administrator, or order that the property be returned to the owner, subject to the condition, however, of paying annually to the usufructuary, or to those claiming under him, a fixed sum during the continuance of the usufruct.

(3) The usufructuary, as well as any of his creditors, may prevent the termination of the usufruct, the appointment of an administrator, or the return of the property as aforesaid, by offering to carry out the necessary repairs, and by giving security for the performance of this obligation within a time to be fixed by the court, provided the offer be made and the security given before judgment is delivered on the demand of the owner, or within fifteen days from the day on which the judgment has become a res judicata.