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Book 3 · Law of property  ›  Subtitle 1 · Usufruct in things › Section 1046

Usufruct in an insurance claim

(1) The usufructuary has the usufruct in a claim against an insurer in accordance with the provisions governing usufruct in an outstanding claim that bears interest.

(2) If damage covered by the insurance occurs, both the owner and the usufructuary may demand that the amount insured be used to restore the thing or to obtain a replacement to the extent that corresponds to proper management. The owner may arrange for the use on their own or may leave it to the usufructuary.

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