Text of the provision
Art. 612. Upon the termination of the usufruct, the thing in usufruct shall be delivered to the owner, without prejudice to the right of retention pertaining to the usufructuary or his heirs for taxes and extraordinary expenses which should be reimbursed. After the delivery has been made, the security or mortgage shall be cancelled.
(522a)
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
The closing article of the Usufruct title. When a usufruct terminates (by any of the causes in the preceding articles — death, expiry of the term, merger, renunciation, and the rest), the usufructuary must deliver the thing back to the owner. That duty is without prejudice to the usufructuary's (or his heirs') right of retention for taxes and extraordinary expenses that the owner must still reimburse — the usufructuary may hold on to the thing until paid back. Once delivery is actually made, any security or mortgage posted to guarantee the usufructuary's obligations is cancelled, since the obligations it secured have been performed.
Related provisions
- Article 613 — Easement Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.