Text of the provision
Art. 578. The usufructuary of an action to recover real property or a real right, or any movable property, has the right to bring the action and to oblige the owner thereof to give him the authority for this purpose and to furnish him whatever proof he may have. If in consequence of the enforcement of the action he acquires the thing claimed, the usufruct shall be limited to the fruits, the dominion remaining with the owner.
(486)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
Where the thing in usufruct is an action to recover property or a real right, the usufructuary may bring the action and may compel the owner to give the necessary authority and to hand over whatever proof the owner holds. If the action succeeds and the thing is recovered, the usufruct attaches only to the fruits — ownership of the thing itself remains with the owner.
Related provisions
- Article 577 — Usufruct of Woodland.
- Article 599 — Collecting Credits That Form Part of the Usufruct.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.