Succession and Testament – Community property of the decedent
Art. 889. Devolution of community property. If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.
Art. 890. Usufruct of surviving spouse. If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent’s share of the community property to the extent that the decedent has not disposed of it by testament. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.
Art. 535. Usufruct. Usufruct is a real right of limited duration on the property of another. The features of the right vary with the nature of the things subject to it as consumables or nonconsumables.
Art. 536. Consumable things. Consumable things are those that cannot be used without being expended or consumed, or without their substance being changed, such as money, harvested agricultural products, stocks of merchandise, foodstuffs, and beverages.
Art. 537. Nonconsumable things. Nonconsumable things are those that may be enjoyed without alteration of their substance, although their substance may be diminished or deteriorated naturally by time or by the use to which they are applied, such as lands, houses, shares of stock, animals, furniture, and vehicles.
Art. 538. Usufruct of consumable things. If the things subject to the usufruct are consumables, the usufructuary becomes owner of them. He may consume, alienate, or encumber them as he sees fit. At the termination of the usufruct he is bound either to pay to the naked owner the value that the things had at the commencement of the usufruct or to deliver to him things of the same quantity and quality.
Art. 539. Usufruct of nonconsumable things. If the things subject to the usufruct are nonconsumables, the usufructuary has the right to possess them and to derive the utility, profits, and advantages that they may produce, under the obligation of preserving their substance. He is bound to use them as a prudent administrator and to deliver them to the naked owner at the termination of the usufruct.
Art. 573. Dispensation of security by operation of law. A. Security is dispensed with when any of the following occur:
(1) A person has a legal usufruct under Article 223 or 3252.
(2) A surviving spouse has a legal usufruct under Article 890 unless the naked owner is not a child of the usufructuary or if the naked owner is a child of the usufructuary and is also a forced heir of the decedent, the naked owner may obtain security but only to the extent of his legitime.
(3) A parent has a legal usufruct under Article 891 unless the naked owner is not a child of the usufructuary.
(4) A surviving spouse has a legal usufruct under Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary.
B. A seller or donor of property under reservation of usufruct is not required to give security.
