Text of the provision
Art. 587. If the usufructuary who has not given security claims, by virtue of a promise under oath, the delivery of the furniture necessary for his use, and that he and his family be allowed to live in a house included in the usufruct, the court may grant this petition, after due consideration of the facts of the case. The same rule shall be observed with respect to implements, tools and other movable property necessary for an industry or vocation in which he is engaged. If the owner does not wish that certain articles be sold because of their artistic worth or because they have a sentimental value, he may demand their delivery to him upon his giving security for the payment of the legal interest on their appraised value.
(495)
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 official-text renderings.
What this article means
If the usufructuary who has not given security claims, under a promise on oath, the delivery of furniture necessary for his use and a dwelling for himself and family, the court may grant it.
This article softens the general rule that a usufructuary who has not posted security is barred from the personal enjoyment of the property under usufruct: even without security, he may still petition the court, under a sworn promise, for the furniture needed for personal use and for a place to live together with his family, leaving the outcome to the court's judgment on the facts of the case. The same accommodation extends to tools and implements needed for a trade, and the owner may withhold particularly valuable or sentimental items only by posting security for the legal interest on their appraised value.
Questions about this provision
- Can the owner of property in usufruct refuse to have artistic or sentimental items sold, and if so what must he do?
- If a usufructuary has not given security, can the court still allow him to use furniture and live in the house covered by the usufruct?
Related provisions
- Article 586 — If Security Is Not Given.
- Article 588 — Effect of Later Giving Security.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.