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Book 3 · Law of property  ›  Subtitle 1 · Usufruct in things › Section 1039

Excessive taking of fruits

(1) The usufructuary also acquires the ownership of such fruits as they take contrary to the rules of proper management or such fruits as they take in excess because this has become necessary as the result of a particular event. However, notwithstanding the usufructuary’s responsibility for fault, they are obliged to provide compensation to the owner for the value of the fruits at the end of the usufruct and to provide security for the fulfilment of this obligation. Both the owner and the usufructuary may require that the amount to be compensated be used to restore the thing to the extent that this complies with proper management.

(2) If the outlay is not required to restore the thing, the duty to provide compensation ceases to exist to the extent that the emoluments due to the usufructuary are adversely affected by the improper or excessive taking of fruits.

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