Article 1298. Rights in rem can only be created by virtue of this Code or other laws.
Article 1299. Subject to a provision of this Code or of other laws, the acquisition by juridical act of an immovable or of a real right relating thereto is perfect only if the juridical act is made in writing. and whether the acquisition is registered by the competent official.
When the immovable or the related real right is acquired otherwise than by a legal act, the right of the acquirer cannot be processed by the register if it has not been registered, nor can he, without registration, be opposed to a third party who, for consideration and in good faith, has acquired it and registered its right.
Article 1300. When a transfer of an immovable or real right relating thereto has been registered to the detriment of a person who was previously in a position to have his right registered, the latter may claim the cancellation of this registration, provided that under no circumstances may the cancellation be opposed to an assignee in good faith and against payment.
Article 1301. The provisions of the two preceding sections apply mutatis mutandis to the modification, extinction and restoration of rights in rem relating to immovables.
Article 1302. The provisions of the three preceding sections apply mutatis mutandis to ships or boats of six tons and more, to steam or motor boats of five tons and more, to floating houses and to beasts of burden.
Article 1303. When several persons claim to have acquired the same movable property under different titles, the one who is in possession of the property is preferred to have acquired it for valuable consideration and to have obtained possession in good faith.
This article does not apply to movable property referred to in the preceding article, nor to property lost or acquired by offence.
Section 1304. The public domain of the State includes State property of any kind which is used for the public interest or reserved for the common benefit, such as:
Article 1305. Any property forming part of the public domain of the State is inalienable, except by virtue of a special law or a royal decree.
Article 1306. No prescription may be set up against the State with respect to property which forms part of its public domain.
Article 1307. The property of the State cannot be seized, whether or not it forms part of its public domain.
Section 1308. When the land is formed by the alluvium, it becomes the property of the riparian owner.
Article 1309. The islands formed in a lake or a waterway of the territorial waters, and the beds of the waterways left dry, are the property of the State.
Article 1310. If a person has, in good faith, constructed a building on the land of another, the owner of the land becomes the owner of the building, but he must pay the builder the added value brought to the land by the building.
However, if the owner of the land can demonstrate that there has been negligence on his part, he may refuse to take the building and demand that it be removed by the builder and that the land be restored to its former state, unless that this cannot be done at reasonable cost, in which case he may require the builder to buy all or part of the land at market price.
Article 1311. If a person has, in bad faith, built a building on the land of another, he must return the land after having restored it to its original state, unless the owner of the land chooses to have it returned. as it stands, in which case the owner of the land must pay, at his choice, the price of the building or a sum representing the increase in value of the land.
Article 1312. If a person has, in good faith, built a building encroaching on the property of another, the builder is the owner of the building, on condition that he pay the owner of the property for the use of the latter and to register as an easement its rights to the encroached land. The owner of the land may require the cancellation of the registration if, subsequently, the building is totally destroyed.
If the builder of the building is in bad faith, the owner of the land may demand that the building be removed by the builder and that the land be restored to its former state, at the latter's expense.
Article 1313. If the conditional owner of land has erected a building thereon and the land subsequently becomes the property of another person by the effect of the condition, the provisions of this code relating to unjust enrichment are applicable.
Article 1314. The provisions of articles 1310, 1311 and 1313 apply mutatis mutandis to works of any kind which are fixed to the ground, as well as to the planting of trees or crops.
However, in the case of paddy or other crops harvested once or several times a year, the owner of the land must either allow the person in good faith or the conditional owner who made the planting to remain in possession of the fund until after the harvest on payment of a sum of money based on the rental value of the land, or take immediate possession of the land on payment of compensation to the other party.
Article 1315. When a person has constructed buildings, or made any other work fixed to the ground, or has planted trees or crops, on his land with materials belonging to another person, he becomes the owner of the materials, but she must pay for it.
Article 1316. If several pieces of furniture belonging to different persons have been brought together in such a way that they become constituent or indivisible elements, the different persons become co-owners of the composite thing, the share of each being proportional to the value of his thing at the when it was reunited with other things.
If one of the things can be considered the main thing, the owner becomes the sole owner of the compound thing, but he must pay the value of the other things to their respective owners.
Article 1317. If a person uses materials belonging to another person to make a new thing, the latter becomes the owner of this thing, regardless of whether or not the materials can be restored to their former state, but he must pay the work.
However, if the value of the work greatly exceeds the value of the materials used, the worker becomes the owner of the thing resulting from his work, but he must pay the value of the materials.
Article 1318. A person may acquire ownership of a piece of furniture without an owner by occupation, unless the occupation is prohibited by law or violates the right of occupation of another person over this piece of furniture.
Article 1319. A piece of furniture becomes ownerless if its owner abandons possession with the intention of renouncing his ownership.
Article 1320. Subject to the specific laws and regulations relating thereto, wild animals are masterless as long as they have their freedom. Wild animals in zoos and fish in ponds or other closed private waters are not masterless.
A captured wild animal becomes masterless if it regains its freedom and its master does not pursue it without delay or gives up pursuing it.
A tamed animal becomes masterless if it loses the habit of coming back.
Article 1321. Subject to the specific laws and regulations relating thereto, anyone who captures a wild animal on vacant land or in public waters, or, without opposition from the owner, on private land, is deemed to be without a master.
Article 1322. If a wild animal wounded and chased by a person is captured by another person or falls dead on the land of another person, the first person becomes its owner.
Article 1323. Whoever finds a lost object is bound
However, the procedure provided for in paragraph 3 must be followed if the loser, the owner or any other beneficiary is not known or does not take delivery of the property.
In any case, the property found must be kept with reasonable care until it is handed over.
Article 1324. Whoever finds lost property may claim from the person entitled to receive it a reward of ten percent of the value of the property up to thirty thousand baht, and five percent of the additional value. However, if he hands over the property to the police or other competent official, two and a half per cent of the value of the property shall be paid, in addition to the reward, as a fee to the government department concerned, but this fee shall not may in no case exceed one thousand baht. The discoverer is not entitled to any reward if he does not comply with the provisions of the preceding article.
Section 1325. If the author of the discovery of lost property has complied with the provisions of article 1323 and the person entitled to receive it has not claimed it within a period of one year from the day of the discovery, the property is vested in the author of the discovery. However, if the unclaimed property is an antique, ownership vests in the state, but the finder is entitled to a reward of ten percent of its value.
Article 1326. The search for property thrown into the sea or in rivers or stranded on the shore is governed by the laws and regulations relating thereto.
Article 1327. Subject to the provisions of criminal law, the ownership of objects which have served to commit an offence, or which have been acquired on the occasion of an offence, or which are otherwise connected with an offence, and which are placed in the custody of a government agency, shall vest in the State if it has not been claimed by the owner within one year from the day on which the object was so placed or, in the case criminal action brought before a court, from the day of the final conviction.
However, if the owner is unknown, the period is extended to five years. If the good is perishable, if the delay entails risks or costs disproportionate to its value, the ministerial department may, before the expiry of the deadlines, have the good sold at public auction, provided that, before the sale, appropriate measures are taken to record all the elements enabling the person entitled to receive the property to identify it and prove his rights over it.
After the sale, the net proceeds of the sale are substituted for the property.
Article 1328. When a piece of furniture of value hidden or buried is found in such conditions that no one can claim to be its owner, the property devolves to the State. The discoverer is obliged to hand it over to the police or any other competent official, in which case he is entitled to a reward equal to one third of its value.
Article 1329. The right of one who has acquired property for value and in good faith is not affected even if the act by virtue of which his assignor acquired the property was voidable and was subsequently annulled.
Article 1330. The right of a person who has purchased property in good faith at a public auction ordered by the court or by the receiver is not affected, even if it is subsequently proved that the property did not belong to the defendant, judgment debtor or bankrupt.
Article 1331. The right of a person who has acquired money in good faith is not affected, even if it is subsequently proved that this money did not belong to the person from whom he acquired it .
Section 1332. When a person has purchased property in good faith at a public auction or on the open market or from a merchant who deals in it, he is not required to return it to the true owner, unless he reimburses the purchase price.
Article 1333. Property may be acquired by prescription according to the rules provided for in Title III of this book.
Article 1334. Uncultivated lands and lands ceded, abandoned or otherwise returned to the State under the land law may be acquired in accordance with the said law.
Article 1334. Fallow lands and lands ceded, abandoned or retroceded to the State in accordance with the land law may be acquired in accordance with the said law.
Article 1335. Subject to the provisions of this code or other laws, ownership of land extends above and below the surface.
Section 1336. Within the limits of the law, the owner of property has the right to use and dispose of it and to acquire the fruits thereof; he has the right to sue for it and to recover it from any person who has no right to hold it, and he has the right to prevent any unlawful interference with this property.
Article 1337. If a person, in the exercise of his right, causes the owner of an immovable a greater prejudice or inconvenience than that which can naturally and reasonably be expected, taking into account the nature and the situation of this building, the owner has the right, without prejudice to any claim for compensation, to obtain compensation for this damage or inconvenience.
Article 1338. Restrictions imposed by law on the rights of the owner of a building do not need to be registered.
Restrictions imposed by law on the rights of the owner of a building do not need to be registered.
Restrictions imposed in the public interest cannot be removed or changed.
Article 1339. The owner of a piece of land is bound to take the water which naturally flows over this piece of land from higher ground.
The water which flows naturally on a lower fund and which is necessary for this fund can only be retained by the owner of the upper fund insofar as it is essential for his fund.
Article 1340. The owner of a piece of land is bound to take the water which reaches him from the higher ground as a result of the latter's artificial drainage, if before the drainage the water flowed naturally on his land.
In the event of damage caused by this artificial drainage, the owners of the lower land may, without prejudice to any claim for compensation, require the owner of the upper land, at the expense of the latter, to pass the right of drainage through lower bottoms to a public watercourse or sewer.
Article 1341. The owner of a building must not build roofs or other structures that cause rainwater to fall on neighboring property.
Article 1342. It is forbidden to dig a well, a pond, a cesspool or a container for manure or refuse within two meters of the demarcation line.
No ditch or excavation for the laying of underground water pipes or similar facilities may be made closer to the boundary line than half the depth of such ditch or excavation, provided that it can still be done at a distance of one meter or more.
In all cases where the work mentioned in the preceding paragraphs is carried out near the demarcation line, precautions must be taken to prevent earth or sand from falling there, water or impurities from escaping. infiltrate there.
Article 1343. It is prohibited to dig or overload land in such a way as to jeopardize the remaining soil of neighboring land, unless adequate measures are taken to avoid this prejudice.
Section 1344. Fences, walls, hedges or ditches, which serve as a boundary, are presumed to belong in common to the owners of the contiguous land.
Article 1345. When a hedge or a ditch which is not used as a drain belongs to the owners of two contiguous common funds, each of the owners has the right to cut the hedge or to fill in the ditch up to the line of demarcation. , provided he builds a wall or raises a fence along the boundary line.
Article 1346. A tree which is found on a demarcation line is presumed to belong in common to the owners of the contiguous lands. Its fruits belong to these owners in equal shares, as well as the wood itself if the tree is felled.
Each of the owners may demand the removal of the tree, the removal costs being borne by them in equal shares. However, the neighbor who demands the removal bears the costs alone if the other renounces his right to the tree. Removal cannot be demanded if the tree serves as a bollard and cannot be replaced by an appropriate bollard.
Article 1347. The owner of land may cut and keep the roots of a tree or shrub which has penetrated the neighboring land. He may also cut and keep the overhanging branches, after having given notice to the owner of the neighboring land to remove them, without this formal notice having been acted upon.
Article 1348. Fruits which naturally fall on a neighboring land are presumed to be the fruits of this land.
Article 1349. If a piece of land is so surrounded by other land that it has no access to public roads, the owner may pass over the surrounding land to reach a public road.
The same applies if the passage can only be made above a pond, a marsh or the sea, or if there is a steep slope with a considerable difference in level between the ground and the track. public.
The place and the mode of passage must be chosen in such a way as to meet the needs of the person entitled to the passage and at the same time to cause the least possible damage to the surrounding land. The beneficiary of the passage can, if necessary, build a road for the passage.
The person entitled to the passage must compensate the owner of the land for the damages he has suffered as a result of the establishment of the passage. This indemnity, with the exception of damage resulting from the construction of a road, may be paid in the form of annual payments.
Section 1350. Where land has been divided or partially transferred so that a parcel is left without access to a public road, the owner of such parcel cannot claim a right of way under the preceding article except on land that has been divided or partially transferred.
In this case, no compensation should be paid.
Article 1351. The owner of land may, after reasonable notice, use the neighboring land to the extent necessary for the erection or repair of a fence, a wall or a building on or near its boundary, but it may not enter the dwelling house or a neighbor's without the latter's consent.
In case of damage, the neighbor can claim compensation.
Article 1352. The owner of land is required, in return for reasonable compensation, to allow the passage over his land of water pipes, drainage, electric wires or similar installations for the use of the neighboring land, if , without the use of its funds, these pipes could not be laid or could only be laid at an excessive cost; but he can demand that his interest be taken into consideration.
In the exceptional cases where the installations must be carried out on the surface, he may require that a reasonable part of his land, on which these installations must be carried out, be purchased from him at a price covering the value of the land and compensation for any damage resulting from the sale.
In the event of a change in circumstances, he may demand that the installations be moved to another part of his land, according to his interests.
Travel costs are the responsibility of the owner of the neighboring fund. However, if the particular circumstances of the case so require, the other owner may be required to bear a reasonable part of the costs.
Article 1353. A person may drive his cattle into or across the open land of another person to graze and water it; it can fetch water from a well or a cistern inside this land, always on condition that it is not a plantation and that it is not prepared for cultivation, sown or covered with a culture. However, the owner can prohibit this action.
Article 1354. A person may, if local custom permits, enter a wood, forest or pasture belonging to another person to gather fuel or pick wild fruits, vegetables, mushrooms and the like, provided that the owner does not forbid it.
Section 1355. The owner of land bordering or crossing a watercourse does not have the right to withdraw more water than is necessary for his reasonable needs to the detriment of any other land situated on the watercourse. .
Section 1356. If a property belongs to several persons in common, the provisions of this chapter apply, unless otherwise provided by law.
Article 1357. The co-owners are presumed to have equal shares.
Article 1358. The co-owners are presumed to have the right to manage the property in common.
Ordinary management issues are decided by a majority of the co-owners. However, each co-owner can perform an ordinary act of management, unless the majority has decided otherwise; but, in any case, he can perform acts of conservation.
All important management issues must be decided by the majority of the co-owners who must also represent at least half of the value of the building.
The change of object can only be decided by the consent of all the co-owners.
Section 1359. Each co-owner may exercise, with regard to third parties, any right deriving from the ownership of the whole of the property, subject however, in the event of an action to claim the property, to the conditions provided for in article 302 of this code. .
Article 1360. Each co-owner has the right to use the property insofar as this use is not incompatible with the rights of the other co-owners.
Article 1361. Each co-owner may alienate, mortgage or encumber his share.
The property itself may only be alienated, pledged, mortgaged or encumbered with the consent of all the co-owners.
However, if a co-owner has disposed of the property, pledged it, mortgaged it or encumbered it without the consent of all the other co-owners and he subsequently becomes the sole owner, this deed becomes valid.
Article 1362. Each co-owner is bound towards the other co-owners to bear in proportion to his share the costs of management, taxation and the expenses intended for the conservation of the building as well as for its common use.
Article 1363. Each co-owner has the right to request the division of the property, unless he is prevented from doing so by a legal act or because of the permanent nature of the object of the co-ownership.
The right to request partition cannot be excluded by a legal act for a period exceeding ten years at a time.
A co-owner cannot demand partition at an unreasonable time.
Article 1364— Partition takes place by the effective division of the property, or by its sale and the distribution of the proceeds of the sale between the co-owners.
If the co-owners cannot agree on how to proceed with the partition, the court may, at the request of one of them, order the effective partition of the property, and any inequality in the shares allocated may be corrected by a cash compensation. If this division is not possible or if it risks causing a serious loss, the court may order the sale of the property by private auction between the co-owners or by public auction.
Article 1365— If the co-owners are jointly bound towards a third party by an obligation relating to the common good, or by another obligation contracted with a view to the execution of this obligation, each of them may, at the time of the partition, demand whether the execution is made on the common property or guaranteed by it.
If a co-owner is bound towards another co-owner of an obligation arising from the co-ownership or of another obligation contracted with a view to its execution, the latter may, at the time of partition, demand that the execution be made on the part of the common property attributed to its debtor or whether it is guaranteed by this share.
These rights are enforceable against the transferee on the part of a co-owner or his successor.
If the sale of the common good is necessary, the provisions of the preceding article apply.
Article 1366— Each co-owner has, in proportion to his share, the same obligations as a seller with regard to the goods which the other co-owners have received by virtue of the partition.
Article 1367. A person acquires a right of ownership by holding property with the intention of keeping it for himself
Section 1368. A person can acquire a right of ownership through another person who holds it for him.
Article 1369. A person who holds property is presumed to hold it for himself.
Article 1370. The possessor is presumed to possess in good faith, peacefully and openly.
Article 1371. If it is proved that a person possessed the same property at two different times, he is presumed to have continued to possess it during the interval.
Section 1372. The possessor is presumed to have, in law, the right he exercises over the property possessed.
Article 1373. When a property is an immovable registered in the land register, the person whose name appears in the register is presumed to have a right of possession over this property.
Article 1374. When a possessor is disturbed in his possession by an illicit interference, he has the right to remove the disturbance. If a new disorder is to be feared, the possessor can request an injunction.
The action for removal of the disturbance must be brought within one year from the date of the disturbance.
Section 1375. When a possessor is unlawfully deprived of possession, he is entitled to recover it, unless the other party has a better right to the property which would enable him to claim it from the possessor.
The action for restitution must be brought within one year of the dispossession.
Section 1376. When property must be returned to the person who has the right to recover it, the provisions of articles 412 to 418 of this code concerning undue enrichment apply mutatis mutandis.
Section 1377. Possession ends if the possessor abandons the intention to possess or no longer holds the property.
Possession does not end if the possessor is prevented from holding the property by a temporary cause.
Article 1378. Transfer of possession takes place by handing over the property possessed.
Section 1379. .When the property is already owned by the transferee or his representative, the transfer of possession can be effected by a declaration of intent.
Article 1380. Transfer of possession takes place when the transferor, while continuing to hold the property, declares his intention to hold it henceforth on behalf of the transferee.
If the property is held by his representative, the transfer of possession can be carried out by the transferor who orders this representative to hold the property henceforth on behalf of the transferee.
Section 1381. When a person holds property as a representative of the possessor, he can only change the nature of his detention by notifying the possessor that he no longer intends to hold the property for him or by becoming in good faith, by the fact of a third party, possessor by virtue of a new title.
Article 1382. When a person has, for an uninterrupted period of ten years in the case of an immovable, or five years in the case of movable property, peacefully and openly possessed property belonging to another, with the intention of owning them, she acquires ownership of them.
Section 1383. .Ownership of property obtained by a crime can only be acquired by the offender or the transferee in bad faith by prescription after the expiry of the period provided for the prescription of the crime or the period fixed by the preceding article, if this one is longer.
Article 1384. Possession is not considered interrupted if the possessor involuntarily loses possession of the property and recovers it within one year from the date of loss or by means of an action brought within this period. .
Article 1385— In case of transfer of possession, the transferee may add the duration of the transferor's possession to that of his own; in this case, any lack of possession of the transferor can be set up against the transferee.
Section 1386. The provisions of this code relating to prescription apply mutatis mutandis to acquisitive prescription under this title.
Article 1387. A building may be encumbered with an easement by virtue of which the owner of this building is required, for the benefit of another building, to suffer certain acts affecting his property or to refrain from exercising certain inherent rights. to this one.
Article 1388. The owner of the dominant tenement does not have the right to make, either on the servient tenement, or on the dominant tenement, any change which increases the charge of the servient tenement.
Article 1389. Changes in the needs of the owner of the dominant land do not allow him to impose an additional charge on the servient land.
Article 1390. The owner of the servient land must abstain from any act which would tend to diminish the usefulness of the servitude or to render it less convenient.
Article 1391. The owner of the dominant land has the right to do, at his expense, all that is necessary to preserve and use the servitude. He must, in doing so, cause the least possible damage to the servient land.
He must, at his own expense, maintain the work carried out in a good state of repair and maintenance. However, if the owner of the servient land benefits from the work, he must bear a share of the expenses proportional to the benefit he derives from it.
Article 1392— When the easement affects only part of the servient land, the owner of this land may, by demonstrating that the burden would be to his advantage and by undertaking to bear the costs thereof, demand that the servitude be transferred in another part of his land, provided it is not less convenient for the owner of the dominant land.
Article 1393. Unless otherwise provided in the act which creates it, the easement follows the dominant land when the latter is alienated or subject to other rights.
The easement cannot be alienated or subject to other rights outside the dominant land.
Article 1394. In case of division of the servient land, the servitude continues to weigh on each party. However, if the easement is not exercised, and cannot be exercised according to the nature of the case, on a given part, the owner of this part can demand to be released from it.
Article 1395. In case of division of a dominant property, the easement continues to exist for the benefit of each party. However, if the easement is not exercised, and could not be exercised according to the nature of the case, for the benefit of a specific party, the owner of the servient land may demand to be released from the easement at the regard to this part.
Section 1396. . Easements acquired or exercised by one of the co-owners of the dominant land are deemed to have been acquired or exercised by all of the co-owners.
Article 1397. An easement is extinguished by the total destruction of the servient or dominant land.
Article 1398. If the servient and dominating lands are devolved to one and the same owner, the latter may cause the registration of the servitude to be struck off; until this cancellation, the easement continues to exist with respect to third parties.
Art. 1399. Servitude is extinguished by non-use for ten years.
Article 1400. An easement is extinguished if it has ceased to benefit state property; but it is reborn if the state of things becomes such that one can enjoy it again, provided that the period of prescription indicated in the preceding article has not elapsed.
When the easement still benefits the dominant land, but this profit is insignificant in relation to the burden on the servient land, the owner of the servient land may, subject to the payment of an indemnity, obtain a total or partial discharge from servitude.
Article 1401. An easement may be acquired by prescription; the provisions relating to acquisitive prescription described in Title III of this book apply mutatis mutandis.
Article 1402. A person who has been granted a right of habitation in a building has the right to occupy that building as a place of habitation without paying rent.
Section 1403. The right of habitation can be created either for a fixed period or for the life of the beneficiary.
If no time limit has been set, this right may be terminated at any time by giving reasonable notice to the lessee.
If it is granted for a period of time, this cannot exceed thirty years; if a longer period is stipulated, it is reduced to thirty years. The concession may be renewed for a period not exceeding thirty years from the date of renewal.
Article 1404. The right of habitation is not transferable, even by way of succession.
Article 1405. Unless the right of habitation is expressly limited to the personal profit of the grantee, the members of his family and of his household may live with him.
Article 1406. Unless expressly prohibited by the settlor, the lessee may take the natural fruits or the products of the soil necessary for the needs of his household.
Section 1407. The settlor is not required to maintain the property in good condition.
The lessee cannot claim reimbursement of the expenses incurred by him for the improvement of the property.
Section 1408. When the right of residence ends, the lessee must return the property to the settlor.
Article 1409. The provisions of this code relating to the obligations and responsibilities of the lessee, provided for in articles 552, 555, 558, 562 and 563, apply mutatis mutandis .
Article 1410. The owner of land may create a surface property right in favor of another person by giving him the right to own, on or under the land, buildings, constructions or plantations.
Article 1411. Unless otherwise provided in the act which creates it, the right of surface property is transferable and transmissible by way of succession.
Article 1412. The right of ownership of surface area may be created either for a fixed term or for the life of the owner of the land or of the surface area.
If it is created for a fixed term, the provisions of article 1403, paragraph 3, apply mutatis mutandis .
Article 1413. If no time limit has been set, the right of surface ownership may be terminated at any time by one of the partners, subject to reasonable notice to the other. But for the payment of the rent, one needs either a notice of one year or the payment of the rent for one year.
Article 1414. If the superficiary does not fulfill the essential conditions provided for in the deed constituting the superficiary property or if, when a rent must be paid, he does not pay it for two consecutive years, his superficiary property right may be terminated.
Article 1415. The right of surface property is not extinguished by the destruction of buildings, works or plantations, even if it is caused by force majeure.
Article 1416. When the right of ownership is extinguished, the superficiary may remove his buildings, works or plantations, on condition that he restores the land to its former state.
If, instead of allowing the removal of constructions, works or plantations, the owner of the land gives notice of his intention to buy it at market value, the superficiary may only refuse the offer for reasonable reasons.
Article 1417. Immovable property may be encumbered with a usufruct by virtue of which the usufructuary is entitled to the possession, use and enjoyment of the property.
He has the right to manage the property.
The usufruct of a forest, mine or quarry gives the usufructuary the right to exploit the forest, mine or quarry.
Article 1418. A usufruct may be established either for a fixed term or for the life of the usufructuary. If no duration is fixed, the usufruct is presumed to last for the life of the usufructuary.
Article 1419— If property is destroyed without compensation, the owner is not bound to restore it; but, if he does so to a certain extent, the usufruct resumes its course up to that extent.
If compensation is paid, the owner or usufructuary must restore the property to the extent that it is impossible to do so, taking into account the amount of compensation received, and the usufruct resumes to that extent; but, if restoration is impossible, the usufruct comes to an end and the indemnity must be distributed between the owner and the usufructuary in proportion to the damage which they have respectively suffered.
The same rules apply mutatis mutandis in the event of expropriation as well as in the event of partial destruction of the property or partial impossibility of restoring the property.
Article 1420. When the usufruct comes to an end, the usufructuary must return the property to the owner.
The usufructuary is liable for the destruction or depreciation of the property, unless he proves that the damage is not due to his fault.
He must replace what he has consumed unduly.
He is not obliged to repair the depreciation caused by reasonable use.
Section 1421. The usufructuary must, in the exercise of his rights, take care of the property that a person of ordinary prudence would take of his own property.
Article 1422 Unless otherwise provided in the act constituting the usufruct, the usufructuary may transfer the exercise of his right to a third party. In this case, the owner of the property can sue the assignee directly.
Section 1423. The owner may object to any illicit or unreasonable use of the property.
If he proves that his rights are threatened, he may demand a guarantee from the usufructuary, except in the case where the donor has reserved the usufruct of the property given.
If the usufructuary does not give a guarantee within a reasonable time fixed for this purpose, or if, despite the objection of the owner, he continues to make illegal or unreasonable use of the property, the court may appoint a receiver to manage the property. in its place. Upon presentation of a guarantee, the court may release the receiver so appointed.
Article 1424. The usufructuary is bound to keep the substance of the property intact, and he is responsible for ordinary upkeep and summary repairs.
If major repairs or measures are necessary for the preservation of the property, the usufructuary must immediately inform the owner and allow them to be carried out. In the event of default by the owner, the usufructuary may have the work carried out at the owner's expense.
Article 1425. All extraordinary expenses must be borne by the owner, but to meet them or to meet the expenses referred to in the preceding article, he may realize part of the property, unless the usufructuary is willing to advance the necessary funds without charging interest.
Article 1426. The usufructuary bears, during the duration of the usufruct, the management costs of the property, pays the taxes and duties, and is responsible for the interest due for the debts encumbering the property.
Article 1427. If the owner so requires, the usufructuary is bound to insure the property against loss for the benefit of the owner; and if the property is already insured, he is required to renew this insurance when it expires. He must pay the insurance premiums for the duration of his usufruct.
Section 1428. No action by the owner against the usufructuary or his assignee with respect to the usufruct or vice versa may be brought more than one year after the extinction of the usufruct. But in an action brought by the owner who could not know the end of the usufruct, the one-year prescription runs from the moment when he knew it or should have known it.
Section 1429. Immovable property may be encumbered with a charge giving the right to a periodic benefit or to a specific enjoyment.
Article 1430. The charge of an immovable may be constituted either for a time or for the duration of the life of the beneficiary.
If no term is set, the office is presumed to be for life.
If it is constituted for a certain period, the provisions of article 1403, paragraph 3, apply mutatis mutandis.
Article 1431. Unless otherwise provided in the act creating it, a real estate charge is not transferable, even by way of succession.
Article 1432. In the event of non-observance by the beneficiary of an essential condition provided for in the act constituting the charge, his right may be suppressed.
Article 1433. If the owner of the property does not perform the obligations incumbent on him under the charge, the beneficiary may, in addition to the measures provided for in the event of non-performance, request the court to appoint a receiver to administer the property. and to perform the obligations in place of the owner, or order the property to be auctioned and the beneficiary to be paid by the owner together with the value of the charge.
The court may, on the guarantee of the owner, refuse to order the appointment of a judicial administrator or the auction, or release a judicial administrator already appointed.
Article 1434. Articles 1388 to 1395 and 1397 to 1400 apply mutatis mutandis to the charge on immovable property.
