Section 366: Usufruct deemed to be extinguished

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1) The provision of usufruct shall be deemed to be extinguished in any of the following circumstances:

(a) In the event of expiration of the validity period of usufruct pursuant to Section 363,

Explanation: For the purposes of this Chapter, the term “expiration of the validity period” means:

(1) If more than one natural person is usufructuary, the usufruct shall be deemed to be terminated on the date on which the last survivor usufructuary dies.

(2) If more than one legal person is usufructuary, the usufruct shall be deemed to be terminated on the date on which the last usufructuary legal person is dissolved.

(b) In the event of return of the property on the cancellation of usufruct pursuant to Section 364,

(c) In the event of return of the property in usufruct by the usufructuary pursuant to Section 365,

(d) In the event, except for a reasonable reason, of the failure of the usufructuary to enjoy the property in usufruct until six months after the date on which the provision of usufruct became effective,

(e) In the event of the accomplishment of the special purpose for the accomplishment of which the provision of usufruct has been made,

(f) If the property obtained under the provision of usufruct is transferred to the usufructuary in accordance with law,

(g) In the event of total loss of the property obtained under the provision of usufruct.

2) In the event of the extinguishment of the provision of usufruct pursuant to sub-section (1), the property given to any person in usufruct shall ipso facto devolve on the owner except in the circumstances set forth in clause (f) or (g).

3) Notwithstanding anything contained in sub-section (1) or (2), if a property is given in usufruct on the condition that it shall remain valid until any person attains a certain age, the provision of usufruct shall remain valid until the date on which the person attains that age even if the person dies before the date of attainment of such age, as if he or she were surviving.

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Section 366: Usufruct deemed to be extinguished

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