Text of the provision
Art. 591. If the usufruct be constituted on a flock or herd of livestock, the usufructuary shall be obliged to replace with the young thereof the animals that die each year from natural causes, or are lost due to the rapacity of beasts of prey. If the animals on which the usufruct is constituted should all perish, without the fault of the usufructuary, on account of some contagious disease or any other uncommon event, the usufructuary shall fulfill his obligation by delivering to the owner the remains which may have been saved from the misfortune. Should the herd or flock perish in part, also by accident and without the fault of the usufructuary, the usufruct shall continue on the part saved. Should the usufruct be on sterile animals, it shall be considered, with respect to its effects, as though constituted on fungible things.
(499a)
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
Where the usufruct is on a flock or herd, the usufructuary must replace, with the young, the animals that die each year. If the animals all perish without his fault, he need only deliver the remains; if some survive, the usufruct continues on the remainder.
Questions about this provision
Related provisions
- Article 590 — Liability for a Transferee's Fault.
- Article 592 — Ordinary Repairs Are the Usufructuary's.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.