Practice question
A usufructuary repeatedly misuses an orchard, causing considerable injury to the owner. The owner claims that misuse automatically extinguished the usufruct and that he may retain all future net proceeds. Under Article 610, what is the correct response?
- Misuse automatically transfers all fruits to the owner
- The owner has no remedy even for considerable injury
- Misuse does not itself extinguish usufruct; the owner may demand delivery under the statutory arrangement of paying annual net proceeds after allowable deductions
- The usufructuary may deliberately destroy every tree
- The owner automatically acquires the usufructuary’s unrelated assets
Legal references
- Civil Code, Article 610: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/53360
Answer this question in flashcards to review your response and continue practicing.