Usufructuary Liability for Demolition and Replacement of Structure

A property owner, having granted a right of use (usufruct) over their property, sued the usufructuary for damages, alleging that the usufructuary had substantially altered the property's substance by demolishing a structure without permission, thereby exceeding the rights granted under the usufruct agreement. The court of first instance rejected the claim, and the appellate court upheld this decision, reasoning that the demolition of an existing building, provided it is replaced by another structure of similar or greater value, does not constitute an alteration of substance that would trigger liability for the usufructuary, as the intent of the usufruct is to allow the enjoyment of the property, which can include necessary modifications for continued utility. The high court dismissed the appeal, confirming that replacing an old structure with a new one, which does not diminish the overall economic value or substantially alter the nature of the property, is permissible under the right of usufruct, and thus no liability for damage to the substance arose.