Simple English definitions for legal terms
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Fructus: The word fructus means "fruits" in Latin. In Roman and civil law, it refers to the natural produce of land and animals, and the profit or increase from them. The owner of the land or animals acquired ownership by separating the fruit from the parent body. A bona fide possessor or an emphyteuta also acquired ownership by separation, which allowed a non-owner to claim title from a thief. However, a tenant or usufructuary acquired title only by receiving the fruits, and cannot claim title from a thief.
Definition: Fructus (pronounced fruhk-tuhs) is a Latin term that means "fruits". In Roman and civil law, it refers to the natural produce of land and animals, or the profit or increase from land and animals.
Examples: If a farmer grows apples on his land, the apples are considered fructus. If a rancher raises cows, the milk and meat from the cows are considered fructus. In both cases, the owner of the land or animals has ownership of the fructus.
In Justinian's law, a bona fide possessor (someone who possesses something in good faith) can also acquire ownership of fructus by separatio, which means separating the fruit from the parent body. For example, if someone steals apples from a farmer's land and sells them to a grocery store, the grocery store can claim ownership of the apples if they acquired them in good faith. However, the bona fide possessor must account to the successful claimant for ownership of the principal thing (the land or animals) and any unconsumed fructus.
If a tenant or usufructuary (someone who has the right to use and enjoy someone else's property) wants to acquire ownership of fructus, they can only do so by perceptio, which means actually consuming or using the fructus. They cannot claim ownership of fructus from a thief.
Explanation: Fructus refers to the natural produce or profit from land and animals. The examples illustrate how fructus can apply to different types of agriculture and animal husbandry. The legal concepts of separatio and perceptio show how ownership of fructus can be acquired in different ways, depending on the circumstances.