Question juridique clé
Whether the bare owner may claim reimbursement of fire insurance premiums paid after the usufructuary failed to insure the property.
Solution extraite
Yes. The usufructuary must insure the property and pay the premiums; if she refuses, the bare owner may procure the insurance and claim reimbursement as damages without waiting for the usufruct to end.
Motifs extraits
Articles 764-767 CC impose an immediate duty on the usufructuary. The owner may elect performance or damages; prior default and a fixed deadline were unnecessary because the respondent had clearly refused to perform.