accounting for fruits

accounting for fruits. Civil law. A claim for the return of natural or civil fruits against an adverse possessor or other person obligated by law or contract to account for fruits. See FRUIT(2).

ACCOUNTING FOR PROFITS

accounting for profits. An action for equitable relief against a person in a fiduciary relationship to recover profits taken in a breach of the relationship. — Often shortened to accounting.

“The term accounting, or accounting for profits, is used in several ways. In its most important meaning, it is a restitutionary remedy based upon avoiding unjust enrichment. In this sense it reaches monies owed by a fiduciary or other wrongdoer, including profits produced by property which in equity and good conscience belonged to the plaintiff. It resembles a constructive trust in that tracing may be used to reach profits. But even if tracing fails, the plaintiff may recover a judgment for the profits due from use of his property.” Dan B. Dobbs, Law of Remedies § 4.3(5), at 408 (2d ed. 1993).

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词条贡献者

译者Vicky，毕业于世界顶级翻译学院，擅长翻译各种与债权人权利及破产诉讼相关的法律文件。