fructus

fructus (fr[schwa]k-t[schwa]s). [Latin “fruits”]

1. Roman & civil law. The natural produce of land and animals; the profit or increase from land and animals. • The owner of the land or animals acquired ownership by separatio, the separation of the fruit from the parent body. A bona fide possessor or an emphyteuta also acquired ownership by separatio, which allowed a nonowner to claim title from a thief. But in Justinian’s law, a bona fide possessor had to account to a successful claimant for ownership for the principal thing and any unconsumed fruits. A tenant or usufructuary acquired title only by perceptio, and cannot claim title from a thief. See PERCEPTION(2). Cf. FRUCTUS CIVILES.

2. USUFRUCT. Pl. fructus.


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