Acquisition of fruits Flashcards
1
Q
Types of fruits
A
- Natural & civil
2
Q
General principles and exception to acquisition of fruits
A
- Owner of thing = owner of fruits
Exception - BFP: Acquire via separatio (severance) as long as no supervening knowledge of lack of title ebfore; under J. had to account for all unconsumed!!
- Usufructary: Rights to fruits; G. held had rights to young of aniamls as birth assistance = perceptio
3
Q
Different actions available in regards to gathering or severing of fruits
A
Separation by 3rd party
- Actio furti, condictio furtiva, vindicatio available to BFP
- Usufructary only = Actio furti, rely on dominus for proprietary action