Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

230 PROPERTY
139 The usufructuary by general title must contribute
towards the payment of any debts due, along with the bare
owner, as hereinbelow provided.
Each must pay the debt in proportion to his share in the
succession following an estimate, if need be, of the property of
the succession.
The bare owner is responsible for the capital and the
usufructuary for the interest.
If the usufructuary wishes to advance the amount
required to extinguish the debt, the capital is restored to him
by the bare owner without interest, upon termination of the
usufruct.
If the usufructuary does not wish to make this advance,
the bare owner may either pay the amount, in which case the
usufructuary pays him interest on the amount as long as the
usufruct lasts, or may cause a sufficient portion of the property
subject to the usufruct to be sold.
140 The usufructuary is responsible for the full cost of
proceedings relating exclusively to the right of usufruct.
If the proceedings affect the rights of both the owner and
the usufructuary, and the usufruct continues after such
proceedings, the preceding article applies.
If the usufruct terminates as a result of the proceedings,
the costs are shared equally by the usufructuary and the bare
owner.
141 If, during the usufruct, a third party encroaches on the
thing of the bare owner or otherwise threatens his rights, the
usufructuary must so notify the bare owner. If he fails to do so,
the usufructuary is responsible for all damages which may
result to the bare owner, as if he himself had caused them.