Cap. 16 Art. 386Rights of usufructuary in respect of soil or materials of a building that falls down.

(1) Where the only subject of the usufruct is a building, and such building falls down through age or is destroyed by a fortuitous event, the usufructuary shall not be entitled to enjoy either the soil or the materials.

(2) Where, however, the usufruct was constituted over a tenement of which such building was only a part, the usufructuary shall be entitled to enjoy the soil, and he may use the materials either in the reconstruction of the fallen building or in the repair of other parts of the tenement subject to the usufruct.

(3) In each of the aforesaid cases, if the building is not destroyed, or does not fall down except in part, the usufructuary shall retain the right to enjoy the soil and the materials.