Servitudes – Habitation

Servitudes – Habitation

Art. 630. Habitation. Habitation is the nontransferable real right of a natural person to dwell in the house of another.

Art. 631. Establishment and extinction. The right of habitation is established and extinguished in the same manner as the right of usufruct.

Art. 632. Regulation by title. The right of habitation is regulated by the title that establishes it. If the title is silent as to the extent of habitation, the right is regulated in accordance with Articles 633 through 635.

Art. 638. Duration of habitation. The right of habitation terminates at the death of the person having it unless a shorter period is stipulated.

Art. 633. Persons residing in the house. A person having the right of habitation may reside in the house with his family; although not married at the time the right was granted to him.

Art. 3506. General definitions of terms. Whenever the terms of law, employed in this Code, have not been particularly defined therein, they shall be understood as follows: 12. Family-Family in a limited sense, signifies father, mother, and children. In a more extensive sense, it comprehends all the individuals who live under the authority of another, and includes the servants of the family. It is also employed to signify all the relations who descend from a common root.

Art. 634. Extent of right of habitation. A person having the right of habitation is entitled to the exclusive use of the house or of the part assigned to him, and, provided that he resides therein, he may receive friends, guests, and boarders.

Art. 637. Nontransferable and nonheritable right. The right of habitation is neither transferable nor heritable. It may not be alienated, let, or encumbered.