Maxim 9.6.3
A possessor in good faith is liable only for that which has actually come to him.
Bona fide possessor, in id tantum quod ad se pervenerit, tenetur.
Source: 2 Inst. 285; Dig.; Weisman, 50f
Difficulty 2/5 — Approachable
Explanation
He who holds property believing his title to be lawful is accountable only for the benefit he actually received, not for speculative or consequential gains.
Where this applies
- I bought property not knowing there was a title problem and now they want me to pay for years of profits I didn't make.
- I held land in good faith and they want to charge me for more than I actually benefited.
- I'm being asked to return profits I never received from property I thought was rightfully mine.
Topics
See also
Cite this maxim
NeCede Max. 9.6.3 — A possessor in good faith is liable only for that which has actually come to him. — 2 Inst. 285; Dig.; Weisman, 50f (Bona fide possessor, in id tantum quod ad se pervenerit, tenetur.)
Found an error? Suggest a correction →