If the usufruct be established on the whole of any patrimony, and if, at the time it is established, the owner has debts, it shall be understood that the usufructuary is only obliged to pay the debts contracted before such establishment, or when the usufruct has been established to defraud the creditors.
The same provision is applicable to any case in which the proprietor is obliged, at the time the usufruct is established, to pay periodical sums, even though there be no known capital.
History —Civil Code, 1930, § 434.