1576

If the usufructuary shares with the owner the insurance of the tenement given in usufruct, the usufructuary shall, in case of loss, continue in the enjoyment of the new building, if the same be constructed, or shall receive the interest on the amount of the insurance, if the owner does not wish to rebuild.\nIf the owner shall have refused to contribute to the insurance of the tenement, and the usufructuary insures it alone, the latter shall acquire the right to receive, in case of loss, the full amount of the insurance, but with the obligation to invest it in rebuilding the tenement.\nIf the usufructuary shall have refused to contribute to the insurance and the owner alone pays the same, the latter shall receive, in case of loss, the full amount of the insurance, but the usufructuary shall always have the rights granted to him in the preceding section.\nHistory —Civil Code, 1930, § 446.