Short answer. Yes, when no one is harmed. Article 585 allows a usufructuary, whatever the source of the usufruct, to be excused from making an inventory or giving security when no one will be injured thereby. So these ordinary obligations of a usufructuary can be dispensed with where waiving them prejudices nobody.
What the law says
The usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby.
Civil Code, Article 585 — Waiver of Inventory or Security. Read the full provision →
A usufructuary's ordinary duties
Before enjoying the property, a usufructuary is normally required to do two things: make an inventory of the property, describing its condition and contents, and give security, a guarantee that he will use the property with care and return it when the usufruct ends. These duties protect the owner, whose property is in another's hands for the duration of the usufruct. The inventory fixes what was received, and the security answers for any loss or damage, so that the owner is not left exposed to a usufructuary who might waste the property or fail to give it back.
When the duties can be excused
Article 585 recognises that these safeguards are not always necessary. It provides that the usufructuary, whatever may be the title of the usufruct, may be excused from the obligation of making an inventory or of giving security, when no one will be injured thereby. The phrase whatever may be the title means the excuse can apply regardless of how the usufruct arose, whether from a will, an agreement, or the law. Where dispensing with the inventory or the security harms no one, the law does not insist on empty formalities and allows the usufructuary to be relieved of them.
The condition: no one is injured
The excuse hinges entirely on the words when no one will be injured thereby. The inventory and security exist to protect the owner and anyone else with an interest in the property, so they may be waived only where that protection is not actually needed. If dispensing with them would leave the owner or another party exposed to real risk of loss, the excuse does not apply and the duties stand. The test is practical: does skipping the inventory or the security threaten anyone's interest? If not, Article 585 permits it.
How the excuse comes about
In practice, a usufructuary is commonly excused where the person creating the usufruct, such as a testator granting it, expressly dispenses with the inventory or security, or where the owner agrees to waive them, and the circumstances show no one stands to be harmed. A usufructuary hoping to be relieved of these duties should be able to point to such a basis and to the absence of prejudice to anyone. Where those elements are present, Article 585 lets the usufructuary enter into enjoyment of the property without first making an inventory or posting security.