Civil Code (Cap. 16), article 338

338. If the usufruct includes things which, without being consumed at once, are subject to gradual deterioration by use, the usufructuary has the right to make use of them for the purpose for which they are intended, and he is only bound to restore them, at the end of the usufruct, in the condition in which they may be, provided they have not been damaged through his malice or negligence. Fruit trees.339. Fruit trees that die, and those that are uprooted or broken by accident, belong to the usufru ctuary, subject to his obligat ion of replacing them by others. Usufructuary may assign enjoyment of his right.