Acquisition of fruits Flashcards

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1
Q

Types of fruits

A
  • Natural & civil
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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
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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
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