be entirely
valueless through the permanent separation from it of the usufruct,
certain modes have been approved in which usufruct may be extinguished,
and thereby revert to the owner.

2 A usufruct may be created not only in land or buildings, but also in
slaves, cattle, and other objects generally, except such as are actually
consumed by being used, of which a genuine usufruct is impossible by
both natural and civil law. Among them are wine, oil, grain, clothing,
and perhaps we may also say coined money; for a sum of money is in a
sense extinguished by changing hands, as it constantly does in simply
being used. For convenience sake, however, the senate enacted that a
usufruct could be created in such things, provided that due security be
given to the heir. Thus if a usufruct of money be given by legacy, that
money, on being delivered to the legatee, becomes his property, though
he has to give security to the heir that he will repay an equivalent
sum on his dying or undergoing a loss of status. And all things of this
class, when delivered to the legatee, become his property, though they
are first appraised, and the legatee then gives security that if he dies
or undergoes a loss of status he will ay the value which was put upon
them. Thus in point of fact the senate did not introduce a usufruct
of such things, for that was beyond its power, but established a right
analogous to usufruct by requiring security.

3 Usufruct determines by the death of the usufructuary, by his
undergoing either of the greater kinds of loss of status, by its
improper exercise, and by its nonexercise during the time fixed by
law; all of which points are settled by our constitution. It is also
extinguished when surrendered to the owner by the usufructuary (though
transfer to a third person is inoperative); and again, conversely,
by the fructuary becoming owner of the thing, this being called
consolidation. Obviously, a usufruct of a house is extinguished by
the house being burnt down, or falling through an earthquake or faulty
construction; and in such case a usufruct of the site cannot be claimed.

4 When a usufruct determines, it reverts to and is reunited with the
ownership; and from that moment he who before was but bare owner of the
thing begins to have full power over it.

TITLE V. OF USE AND HABITATION

A bare use, or right of using a thing, is created in the same mode as a
usufruct, and the modes in which it may determine are