Short answer. Under Article 589 of the Civil Code, a usufructuary must care for the things given in usufruct as a good father of a family. This is the same objective standard of ordinary diligence — reasonable prudence and attention — that the Civil Code applies to many custodial and contractual obligations.

What the law says

The usufructuary shall take care of the things given in usufruct as a good father of a family.

Civil Code, Article 589 — The Standard of Care. Read the full provision →

What 'good father of a family' means

The phrase good father of a family is a standard of ordinary diligence used throughout the Civil Code. It does not require perfection or the maximum possible care. It asks whether the usufructuary behaved with the prudence and attentiveness that a reasonable, responsible person would exercise over property in their custody — the care that a person of ordinary prudence would take of their own belongings. The standard is objective: the inquiry is not what this particular usufructuary intended, but whether someone in that position would have done more.

What the standard requires in practice

Meeting the good-father-of-a-family standard means attending to ordinary maintenance, reporting deterioration to the owner, making minor repairs that arise from normal use, and not allowing the property to fall into disrepair through negligence. It means using the property only for its proper purpose and not in ways likely to cause damage. A usufructuary who allows a leaky roof to ruin the floors, who fails to report a structural problem, or who uses the property for a purpose that accelerates its deterioration has likely fallen below the required standard.

What the standard does not require

The ordinary-diligence standard is a middle path. At the lower end, gross negligence — obvious and severe carelessness — clearly falls short. But Article 589 does not demand extraordinary diligence or the highest possible level of care. A usufructuary is not an insurer against every form of damage to the property; loss from causes that even a diligent person could not foresee or prevent does not create liability. Damage caused by force majeure, natural disasters, or deterioration from normal wear and age rather than from neglect does not breach Article 589.

Consequences of failing the standard

A usufructuary who does not observe the good-father-of-a-family standard exposes themselves to liability for the resulting damage to the property. The owner may claim compensation for deterioration or loss caused by the usufructuary's negligence. Serious or persistent failure to meet this standard may also give the owner grounds to apply for the termination of the usufruct or the appointment of an administrator to oversee the property. Article 589's brevity belies its importance: it is the core standard that governs the usufructuary's entire custody of the thing throughout the usufruct's duration.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.