Short answer. Parents exercising usufruct over their children's property are ordinarily exempt from the security requirement that applies to other usufructuaries. Under Article 584 of the Civil Code, however, that exemption ends if the parent contracts a second marriage — remarriage triggers the obligation to post security.
What the law says
the parents who are usufructuaries of their children's property, except when the parents contract a second marriage
Civil Code, Article 584 — Who Is Excused From Security. Read the full provision →
The security requirement for usufructuaries generally
In ordinary usufruct arrangements, the usufructuary — the person who has the right to use and enjoy another's property — is typically required to post security before exercising that right. This security protects the owner (the naked owner) from damage or loss of the property during the usufruct. It functions as a guarantee that the usufructuary will preserve the substance of the property and return it in proper condition when the usufruct ends. Not every usufructuary is subject to this requirement, however — Article 584 identifies exceptions.
Parents are exempt — unless they remarry
Article 584 exempts parents who exercise usufruct over their children's property from the security requirement. The law treats parents as presumptively trustworthy managers of their children's assets — the natural obligation of care and the legal accountability of parental authority are viewed as sufficient protection for the children's interests. This exemption applies as long as the parent remains in their original marital status (or is widowed and unmarried). The exemption ends the moment the parent contracts a second marriage.
Why remarriage changes the rule
The remarriage exception reflects the legislature's concern that a new spouse could influence how the children's property is managed, and that the parent's priorities and loyalties might shift in ways that could disadvantage the children from the prior relationship. A new family unit introduces new financial interests and potential conflicts of interest. Once the parent remarries, the law no longer grants them the benefit of the doubt, and the security requirement applicable to other usufructuaries kicks in. The children's property is protected by requiring the remarried parent to put up security before continuing to exercise the usufruct.
Practical implications
For parents currently managing their children's property under a usufruct arrangement, remarriage is a legally significant event that requires action. The children's property — or more precisely, the interests of those children as naked owners — must be secured before the remarried parent can continue administering it. What form of security is required, and how it is established, depends on the circumstances and the amount of property involved. If security is not provided upon remarriage, the children or their legal representatives may be able to demand it through a court proceeding. This is one of the overlooked practical effects of remarriage that parents in this situation should plan for.