If a usufruct shall be established on a tenement of which a building forms a part, and the latter shall, by any means, be destroyed, the usufructuary shall have the right to enjoy the land and materials.
This shall also be the case if the usufruct is established only upon a building and the same be destroyed. But, in such a case, if the owner wishes to construct another building, he shall have the right to occupy the land and to make use of the materials, and shall be obliged to pay the usufructuary, during the continuance of the usufruct, the interest upon the sums equivalent to the value of the land and the materials.
History —Civil Code, 1930, § 445.