H. Usufruct

Rules If the Finder of a Hidden Treasure is a Usufructuary

If the finder is a usufructuary and he discovers it by chance, the usufructuary shall be entitled to one half of the value thereof. The other half belongs to the naked owner.

If the finder is a third person and he found hidden treasure by chance in the property under usufruct the usufructuary shall be considered a stranger. The finder gets half, and the other half shall belong to the naked owner. (Paras, 2008)

Ownership and Usufructuary Provisions

A provision whereby the testator leaves to a person the whole or part of the inheritance, and to another the usufruct, shall be valid. (Art. 869)

Successive Usufructuaries

If the testator gives the usufruct to various persons, not simultaneously, but successively, the provisions of Article 863 shall apply. (Art. 869)

Legacy / Devise Subject to a Usufruct

If the thing bequeathed should be subject to a usufruct, the legatee or devisee shall respect such right until it is legally extinguished. (Art. 946)