Short answer. Under Article 602 of the Civil Code, the usufructuary bears all expenses, costs, and liabilities in lawsuits brought about the usufruct. The naked owner is not required to fund litigation over the usufruct; that financial burden falls entirely on the person who holds and exercises the usufructuary right.
What the law says
The expenses, costs and liabilities in suits brought with regard to the usufruct shall be borne by the usufructuary.
Civil Code, Article 602 — Costs of Suits. Read the full provision →
The rule: usufructuary carries the litigation costs
A usufruct gives one person — the usufructuary — the right to use and enjoy property that belongs to another — the naked owner. When a dispute about the usufruct leads to a lawsuit, Article 602 allocates the financial burden clearly: the usufructuary bears the expenses, costs, and liabilities that arise from those suits. This allocation is consistent with the usufructuary's position as the active party who benefits from the property and exercises the rights it provides. The naked owner, who has transferred the use and enjoyment of the property for the duration of the usufruct, is not required to fund litigation over it.
What costs and liabilities are covered
Article 602 covers expenses, costs, and liabilities — a broad grouping that includes the costs of filing and prosecuting or defending the lawsuit, professional fees to the extent not awarded by the court, and any financial obligation that results from an adverse judgment in the suit. Whether the usufructuary initiated the lawsuit or is defending against a claim brought by another party, these burdens fall on the usufructuary. The usufructuary who wins a case may recover costs from the opposing party through the normal rules on litigation costs, but the initial obligation to carry those expenses is theirs.
Why the usufructuary bears the costs
The policy behind Article 602 reflects the nature of usufruct. The usufructuary has possession and use of the property; the naked owner retains title but cannot use or enjoy the property while the usufruct exists. It would be inequitable to require the naked owner to bear the cost of disputes that arise primarily from the exercise of rights the usufructuary is entitled to exercise. Disputes about the usufruct — over the extent of the usufructuary's rights, the condition of the property, the usufructuary's obligations — are disputes that arise out of the usufructuary's active role, and it is the usufructuary who must answer for the cost of resolving them.
Practical implications for usufructuaries
A person who holds a usufruct should be aware that they may be called upon to fund litigation arising from that right. If a neighbor encroaches on the usufruct property, or if someone challenges the usufructuary's right to use a particular resource within the property, the cost of any lawsuit to protect or enforce the usufruct falls on the usufructuary. Similarly, if the naked owner or a third party files suit against the usufructuary in connection with the usufruct, the costs of that defense are the usufructuary's burden. Budgeting for potential litigation costs is part of the responsibility that comes with holding a usufruct.