Table of Contents

CHAPTER II - OF THE USE AND HABITATION

Art. 63. Use may be defined the right of enjoying gratuitously for one's daily wants a thing or the fruits of a thing belonging to another, without any prejudice to his right of property.

Art. 64. Habitation is the right of dwelling gratuitously in a house the property of another person.

Art. 65. The right to use and habitation is established and extinguished in the same manner as the usufruct.

Art. 66. Those who have such rights are bound to give security to the amount of the value of such objects as are subject to such rights, for the accomplishment on their part, of such obligations as are prescribed to them, by law or by the title upon which such their rights may be grounded, unless their giving security has been dispensed with by this very title. But at all events it is the duty of said persons to cause to be made an inventory with the estimated value of the objects upon which their right to use and habitation are assigned, as the usufructuary is bound to do, in the presence of the owner, or after he shall have been summoned to attend: and said inventory shall be made by a notary public duly authorised to that effect by the parish judge and in the presence of two witnesses.

Art. 67. The rights to use and habitation are regulated by the title which has established them and receive accordingly a more or less extensive sense.

Art. 68. If the title be silent respecting the extent of the right, and if it speaks only of the use in general, without any precise determination, the rights to use shall be determined by the following rules.

Art. 69. The person who has the use of an estate or of the fruits of an estate, has a right only to such fruits as may be necessary for his daily wants and those of his family.
He may indeed claim so much of said fruits as may be necessary to supply the wants of the woman he has married and of his children born since the use has been granted to him.

Art. 70. If the fruits of the estate subject to the use, be so trifling that they be just enough for the person who has the use to supply his daily wants, he shall have the whole in the same manner as if he were an usufructuary.

Art. 71. He who has the use of the fruits of an estate, is at liberty to go thither in order to enjoy his right, and he may even live on the estate, provided it be without any injury to the owner of the estate, and provided likewise he lay under no impediment those who cultivate the same.

Art. 72. But he who has the use of one or more slaves, has the right to enjoy their service for his wants and those of his family.

Art. 73. He who has the use of a herd of cattle, cannot make any other use of the same than by taking the milk necessary for his daily wants and those of his family.

Art. 74. He who has the use of such things as cannot be used without being expended, as money, provisions, liquors, has a right to use such things as the usufructuary, and on the same terms.
The same holds likewise with respect to moveables which although not consumed immediately, are injured by degrees, wear and tare, such as linen, furniture, a ship or a boat.

Art. 75. There is this difference between the person who has the use and the usufructuary, that the person who has the use can neither transfer, let, nor give his right to any one else.

Art. 76. The right of the person who has the use is not only for one or more years, but it lasts during the life of said person, if the title upon which this right is grounded does not regulate it otherwise.

Art. 77. The right of habitation is confined to what is necessary for the habitation of the person and of the family of the person to whom this right is granted.

Art. 78. The word family made use of in this section, is to be understood of the wife, children and servants of the person to whom the right of use or habitation is granted.

Art. 79. The right to habitation can neither be transferred, let, nor given to any one else; it is as well as the use, a personal right.

Art. 80. If the person who has the use consumes all the fruits of the estate for his wants, or if he occupies the whole house, he is bound to defray the expences of cultivation and plantation work: he is liable to the individual repairs, to the payment of taxes, and to the other annual charges no less than the usufructuary.
But if he receives only a part of the fruits of the estate, or if he occupies only a part of the house, he contributes his share of said expences, in proportion to what he enjoys.




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