Legal Definitions - bona fide perceptio et consumptio

The Latin phrase bona fide perceptio et consumptio refers to the legal principle concerning the acquisition and use of something by an individual who genuinely believes they have a right to it, even if that belief later proves to be mistaken. It specifically addresses situations where someone, acting in good faith, gathers or takes possession of an item and subsequently consumes or uses it. Historically, this principle often protected the possessor from liability for the value of what was consumed, as long as their initial possession and subsequent use were genuinely believed to be lawful.

Here are some examples illustrating this concept:

• Imagine a homeowner, relying on an outdated property survey, mistakenly believes a small patch of undeveloped land adjacent to their property is theirs. They decide to clear some brush and harvest several mature trees from this patch to use as firewood for their home over the winter. Later, a new survey reveals that the land actually belongs to their neighbor. In this scenario, the homeowner's actions of harvesting the trees (perceptio) and burning them for warmth (consumptio) were done bona fide, meaning they genuinely believed they had the right to do so. The principle of bona fide perceptio et consumptio would historically consider their good-faith use of the resources.

• Consider a person who receives a collection of rare stamps from a deceased relative, along with a note indicating they are the rightful heir to the collection. Believing they are the legitimate owner, they sell a few of the less valuable stamps to cover immediate funeral expenses. Months later, a more recent will is discovered that designates a different heir for the stamp collection. The individual's initial act of taking possession of the stamps (perceptio) and subsequently selling some of them (consumptio) was done bona fide, based on their genuine belief in their rightful inheritance. The legal principle would acknowledge their good-faith actions before the true ownership was established.