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
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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