Article 1035.- The costs, expenses and penalties of actions in matters of usufruct are the responsibility of the owner if the usufruct was constituted for consideration and the usufruct if it was constituted free of charge. Article 1028.- The person who acquires part of the usufruct under the same title pays the inheritance or pension in proportion to his share. Article 1011.- The usufructuary who receives the guarantee is entitled to all the fruits of the thing from the date on which, according to the title constituting the usufruct, he should have begun to receive it. Article 1043.- If the usufruct is expropriated for reasons of public utility, the owner is required either to replace it with another equivalent object and similar conditions, or to pay to the usufructuary the legal interest equal to the compensation for the entire duration of the usufruct. If the owner chooses the latter, he must guarantee the payment of the income. Rules relating to rights and obligations in case of usufruct Article 980.- Usufruct is the real and temporary right to enjoy the property of others. Article 1047.- The usufruct does not expire as a result of the misuse of the usufructuary by the usufructuary; However, if the abuse is serious, the owner may request that he be put in possession of the property, undertaking to pay annually to the usufructuary the liquid product of the latter for the duration of the usufruct, less the administrative price granted to him by the judge. Article 1040.- The usufruct in favour of legal persons who may acquire and manage immovable property is only twenty years; Stop earlier if these people cease to exist. Article 1021.- If the usufruct has been established for consideration, the owner is obliged to carry out all necessary repairs so that the thing can produce, during the period specified in the contract, the fruits normally obtained from him at the time of delivery. The reservation of usufruct is when a transferable title is performed (such as a sale or gift), a usufruct is established against one of the parties, in which case the property is acquired from that specified in the contract, but the right to enjoy remains with another person. Article 1042: If the usufruct is established on a building and it is destroyed by fire, old age or any other accident, the usufructuary does not have the right to enjoy the land or materials; However, if it is built on a hacienda, farm or ranch that includes only the destroyed building, the usufructuary can continue to enjoy the land and materials. Once the usufruct has ended, the contracts concluded by the usufructuary against him do not bind the owner so that he can immediately take possession of his property, and those who have concluded a contract with the usufructuary cannot claim compensation from the owner, but from the usufructuary.
The law stipulates that the only legal usufruct is that of the widow and the widower. This occurs when the widowed or widowed person is entitled to receive: 2. to give the appropriate guarantee that he will enjoy the goods in moderation and to return them to the owner upon accession when the usufruct has expired, is not deteriorated or deteriorated by his negligence, except in the cases provided for in Article 434. Article 1038.- The usufruct expires: I. By death of the usufructuary; II. By reason of the expiry of the mandate for which it was formed; III. by fulfilling the condition laid down in the title constituting the right for the extinction of that right; Iv. By the union of the usufruct and property of the same person; but if the reunification takes place in one thing or part of the usufruct, the rest of the usufruct will continue; V. the limitation, as provided for in respect of rights in rem; VI.
By express waiver of usufruct, except in the cases provided for in respect of waivers of fraud with creditors; VII. For the total loss of the thing that was the subject of the usufruct. If the destruction is not complete, the right continues on what remains of the thing; VIII. By extinguishing the right whose usufruct has been established, the case of revocation occurs; IX. For the non-attribution of security to the usufructuary by free goods, if the owner has not released him from this obligation. Article 1004.- The owner of property of which another has the usufruct may dispose of it, provided that the usufruct is maintained. The usufruct can in turn be transferred to a third party, but if this second usufruct lasts for life, its duration is equal to that of the first usufruct or during the life of the first usufruct. Article 1031.- If the usufruct relates to all or part of the property of an inheritance, the usufructuary may advance the sums corresponding to the property of the usufruct for the settlement of the inheritance debts and has the right to demand from the owner their return without interest at the expiry of the usufruct.
Since legal acts do not have automatic effect in Mexico, after the termination of a usufruct (because the fixed period has expired or the usufruct of a usufruct has died for life), a legal act called consolidation of property must be implemented, especially for real estate where it is determined that the right to use is again in conformity with the owner. Artículo 1036.- Si el pleito interesa al mismo tiempo al dueño y al usufructuario, contribuirán a los gastos en proporción de sus derechos respectivos, si el usufructo se constituyó a título gratuito; Pero el usufructuario en ningún caso estará obligado a responder por más de lo que produce el usufructo. Usufruct can be based on a right, unless this right is personal (such as the right to life, liberty …), also called « intrasmisible derechos », because they are inseparable from their owner. In this case, the usufructuary acquires the advantages or advantages of this right. The beneficiary of the usufruct, called « usufruct », can use and enjoy the « fruits » (products, profits, etc.) of the property, but without damaging or reducing it. The owner who grants a « usufruct » is called « nudo propietario ». Artículo 988. Companies that cannot acquire, own or manage real estate cannot establish usufruct of assets in this category. Article 1039.- The death of the usufructuary does not extinguish the usufruct if it has been created successively for the benefit of several persons, since in this case the person concerned benefits from it. Article 1041.- The usufruct granted for the time it takes a third party to reach a certain age lasts the number of predetermined years, even if the third party dies earlier. Article 989.- The usufructuary has the right to exercise all real, personal or possessive acts and defenses and to be considered a party to a dispute, even if it is followed by the owner, provided that the usufruct is interested in him.
3. By the will of individuals manifested by acts such as donations, sales or other legal acts. Article 984 If it is established successively, usufruct may be made only for the benefit of persons existing at the time of the opening of the right of the first usufructuary. Article 1018.- The usufructuary is not required to carry out such repairs if their necessity results from age, an intrinsic defect or a serious deterioration of the thing prior to the establishment of the usufruct. Article 983 If it is constituted for the benefit of several persons at the same time, either by succession or by contract, in which case the right of one of the persons expires, it passes to the owner, unless it has been agreed at the time of the constitution of the usufruct that it would pass to the other usufructuaries.