Short answer. Yes. Under Article 572 of the Civil Code, a usufructuary may alienate their right of usufruct to another person, whether for a price or as a gift. The transfer is valid, but all contracts the usufructuary enters into as such expire when the usufruct itself ends.
What the law says
The usufructuary may personally enjoy the thing in usufruct, lease it to another, or alienate his right of usufruct, even by a gratuitous title
Civil Code, Article 572 — The Usufructuary May Lease or Transfer. Read the full provision →
What Article 572 allows
A usufructuary has three options under Article 572: enjoy the property personally, lease it to someone else, or transfer the usufruct right itself — even as an outright gift. This flexibility means you are not locked into using the property yourself. If your circumstances change, you can sell or donate your usufruct interest without the owner's consent, unless the original grant specifically prohibits it.
The transferee steps into your shoes — not into the owner's
When you alienate your right of usufruct, the buyer or recipient acquires exactly what you had — the right to use and enjoy the property — but nothing more. The underlying ownership stays with the original owner. Critically, any lease or contract the transferee enters into as usufructuary carries the same ceiling: it terminates upon the expiration of the usufruct, regardless of what the contract says about its own duration.
The rural-lease exception
Article 572 carves out one exception: leases of rural lands are considered subsisting during the agricultural year even if the usufruct expires mid-season. This protects a lessee who planted a crop in good faith from losing their harvest simply because the usufruct ended at an inconvenient time. If your usufruct covers a farm, leases you enter into enjoy this buffer — though they cannot extend beyond the current agricultural year.
Practical limits to keep in mind
Even though the law permits alienation, the original instrument creating the usufruct may impose restrictions. If the deed or will establishing your usufruct says it is personal to you or prohibits transfer, that restriction binds you. Before selling or donating your usufruct, review the source document carefully. Also note that the transferee cannot give the property a longer life than the usufruct itself: once the usufruct period ends — or the usufructuary dies, if the right is measured by life — it ends for the transferee too.
When to seek legal advice
Transferring a usufruct interest involves title-affecting transactions. The transferee will need to register the assignment with the Registry of Deeds if the underlying property is titled, and taxes on the transfer may apply. If you are considering selling or donating your usufruct right, or if someone is asking you to buy one, a lawyer can review the deed creating the usufruct, confirm there are no prohibitions, and guide you through the registration steps.