Revised Laws of Saint Lucia (2021)

Section II   The obligations of the usufructuary

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    413.   The usufructuary takes the things in the condition in which they are; but he or she can only enter into the enjoyment of them after having caused an inventory of the movable property and a statement of the immovables subject to his or her right to be drawn up, in the presence of or after due notice given to the proprietor, unless he or she is dispensed from doing so by the act constituting the usufruct.

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    414.   He or she gives security to enjoy the usufruct as a prudent administrator, unless the act creating it exempts him or her from so doing. But the vendor or donor who has reserved the usufruct is not obliged to give security.

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    415.   If the usufructuary cannot give security, the immovables are leased, farmed or sequestrated.

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    Sums of money comprised in the usufruct are invested; provisions, and other movable things which are consumable by use, are sold, and the price produced is likewise invested.

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    The interest of such sums of money, and the rent from leases belong in these cases to the usufructuary.

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    416.   In default of security the proprietor may require that movable property liable to be deteriorated by use, be sold in order that the price may be invested and received as in the preceding article.

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    Nevertheless the usufructuary may demand and the court may grant, according to circumstances, that a portion of the movables necessary for his or her use may be left to him or her on the simple security of his or her oath, and subject to the obligation of producing them at the expiration of the usufruct.

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    417.   The delay to give security does not deprive the usufructuary of whatever fruits he or she is entitled to; they are due to him or her from the moment the usufruct commences.

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    418.   The usufructuary is only liable for the lesser repairs. For the greater repairs the proprietor remains liable, unless they result from the neglect of the lesser repairs since the commencement of the usufruct, in which case the usufructuary is also held liable.

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    419.   The greater repairs are those of main walls and vaults, the restoration of beams and the entire roofs and also the entire reparation of dams, prop-walls and fences.

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    All other repairs are lesser repairs.

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    420.   Neither the proprietor nor the usufructuary is obliged to rebuild what has fallen into decay or what has been destroyed by unforeseen event.

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    421.   The usufructuary is liable, during his enjoyment, for all ordinary charges, such as ground-rents and other annual dues and contributions encumbering the property when the usufruct begins.

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    He is likewise liable for all charges of an extraordinary nature imposed thereupon since that time, such as taxes, rates, and other like burthens.

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    422.   A legacy of a life-rent or alimentary pension, must be entirely paid by the universal legatee of the usufruct, or by the general legatee of the usufruct according to the extent of his or her enjoyment, without any recourse in either case.

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    423.   A particular usufructuary is not liable for the payment of any part of the hereditary debts, not even of those for which the land subject to the usufruct is hypothecated.

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    If he or she is forced, in order to retain his or her enjoyment, to pay any of these debts, he or she has his or her recourse against the debtor and against the proprietor of the land.

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    424.   A general usufructuary must contribute with the proprietor to the payment of the debts as follows:

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    The immovables and other things subject to the usufruct are valued, and the contribution to the debts is fixed in proportion to such value.

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    If the usufructuary advance the sum for which the proprietor must contribute, the capital of it is restored to him or her at the expiration of the usufruct, without interest.

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    If the usufructuary will not make this advance, the proprietor has the choice either of paying the sum, and in such case the usufructuary is obliged to pay him or her the interest thereon during the continuance of the usufruct, or of causing a sufficient portion of the property subject to the usufruct to be sold.

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    425.   The usufructuary is only liable for the costs of such suits as relate to the enjoyment, and for any other condemnations to which these suits may give rise.

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    426.   If during the continuance of the usufruct, a third party commit any encroachments on the land, or otherwise attack the rights of the proprietor, the usufructuary is obliged to notify him or her of it, and in default thereof he or she is responsible for all the damage which may result therefrom to the proprietor, in the same manner as he would be if the injury were done by himself or herself.

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    427.   If an animal only be the subject of the usufruct, and it perishes without the fault of the usufructuary, he or she is not bound to give back another, nor to pay its value.

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    428.   If the usufruct be created on a herd or flock, and it perish entirely by accident or disease, and without the fault of the usufructuary, he or she is only obliged to account to the proprietor for the skins or their value.

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    If the flock do not perish entirely, the usufructuary is obliged to replace the animals which have perished, up to the number of the increase.