Dispensation of security

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A. Security is dispensed with when any of the following occur:

(1) A person has a legal usufruct under Article 223 or 3252.

(2) A surviving spouse has a legal usufruct under Article 890 unless the naked owner is not a child of the usufructuary or if the naked owner is a child of the usufructuary and is also a forced heir of the decedent, the naked owner may obtain security but only to the extent of his legitime.

(3) A parent has a legal usufruct under Article 891 unless the naked owner is not a child of the usufructuary.

(4) A surviving spouse has a legal usufruct under Article 2434 unless the naked owner is a child of the decedent but not a child of the usufructuary.

B. A seller or donor of property under reservation of usufruct is not required to give security.

Acts 1976, No. 103, §1; Acts 2004, No. 158, §1; Acts 2010, No. 881, §1, eff. July 2, 2010.


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