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NeCede's

Maxim 9.6.4

A good-faith possessor makes the fruits he has gathered and consumed his own.

Bona fide possessor facit fructus perceptos et consumptos suos.

Source: Tray. Max. 57; Dig.; Weisman, 50b Difficulty 2/5 — Approachable

Explanation

Where a person holds property in genuine good faith, the profits and fruits he has consumed before notice of a superior title are his by right; the law protects innocent use.

Where this applies

  • I used property I believed was mine and consumed the profits before learning of a superior claim.
  • I farmed land in good faith and ate what I grew before finding out about the title issue.
  • Now they want back the profits I already consumed in good faith before I knew there was a problem.

Topics

Legal domains

See also

Cite this maxim

NeCede Max. 9.6.4 — A good-faith possessor makes the fruits he has gathered and consumed his own. — Tray. Max. 57; Dig.; Weisman, 50b (Bona fide possessor facit fructus perceptos et consumptos suos.)

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