section 2246
The usufruct over a building eventually destroyed
The Portuguese Civil Code, 1867If the usufruct is constituted on any building and the latter is destroyed for any reason, the usufructuary shall have no right to enjoy either the land or the remaining building materials. § 1 - If however the usufructuary has contributed alongwith the owner for the insurance of the building, the usufruct shall continue in the case of accident either on the reconstructed building if it is reconstructed or on the proceeds of the insurance if reconstruction does not suit the owner. § 2 - If the owner on request by the usufructuary has refused to contribute to the insurance of the building and the usufructuary obtains the insurance, the usufructuary shall have the right in case of accident to the proceeds of the insurance in full. § 3 - If the usufructuary on the request of the owner has refused to share in the insurance, and the owner obtains the insurance, the said owner shall be entitled to the proceeds of insurance in full in the case of the accident.
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