Accession Discreta (the Right To The Fruits) Property Law d1643

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Ê accession discretax It is the right to the ownership of the fruits produced by one͛s property.

!"#$$ %&'#!(#!#%!x To the owner belongs: 1. The natural fruits ʹ spontaneous products of the soil, the young and other products of animals; 2. The industrial fruits ʹ Those produced by lands of any kind through cultivation and labor; 3. The civil fruits ʹ Rent of buildings, price of leases of lands, etc. (Article 441).

#$accession discreta)##%!#$!('#!(! !" !"&*$ '# !&&x # it is subject to the following exception: 1. If the thing is in the possession of a possessor in good faith in which case such possessor is entitled to the fruits (Article 544); 2. If the thing is subject to a usufruct in which case the usufructuary is entitled to the fruits (Article 566); 3. If the thing is leased, in which case the lessee is entitled to the fruits of the thing, although such lessee must pay the owner rentals which are in the nature of civil fruits (Article 1654); 4. If the thing is in the possession of an antichretic creditor in which case such creditor is entitled to the fruits with the obligation of applying them to the interest and principal (Article 2132). [Antichresis is a contract by virtue of which the creditor acquires the right to receive the fruits of an immovable of his debtor, with the obligation to apply them to the payment of interest, if owing, and thereafter to the principal of his credit.]

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+!!(#$! !" !"&*$ x $ are the spontaneous products of the soil, and the young and other products of animals.

!" $ are those produced by lands of any kind through cultivation or labor.

* $ are the rents of buildings, the price of leases of lands and other property and the amount of perpetual or life annuities or other similar incomes (Article 442).

#%#+"##$$,!(#$!+'#!(%!+!"$+'#!(#"$$! #%!x-,./ Applying the principle of Ô , the offspring belongs to the owner of the female (Article 441. No. 1)

The offspring belongs to the mother because, (1) the paternity is uncertain and (2) during pregnancy, the female is useless and her owner bears the expenses.

"$+!+$#+0.1 !(,#"#$!+,#" &"'!(. ##%! # !(x A owns the young, because the contract of lease is onerous. It should also be observed that by virtue of the contract of lease, the general rule that the owner of the female is also the owner of the young must give way.

2 ,,#%+ (*!!+' % #$commodatum-( # '##%!(/ %##%!#$ # !(x The owner of the female retains ownership in view of the gratuitous contract.

" #$ &,! #$ $ # " ,#! %# !& " 3,! ! ,#" &#!(!(!",*#!x He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering and preservation (Article 443).

Note that the fruits referred to here are ¦ fruits. Owner should pay for the expenses of cultivation, gathering and preservation Ô ¦ to prevent unjust enrichment.

Ô

The rule is different with respect to ¦ fruits. When the possession is interrupted and in bad faith, no reimbursement is due (Article 449 pursuant to the principle of ). ,,&#!4 #%!#$,&#$!" ,#!$ %(#%!"*"!"¦athered' 0 !'"$.## "'&#!""#%!#$$ x A should be considered the owner of the fruits since he is the owner of the land, and B is a planter in bad faith but must reimburse B for the expenses for production, gathering and preservation. The reason for reimbursing B even though he is in bad faith, is to that were it not necessary cultivation expenses, there would not be any fruits grown at all, or left or preserved. Thus Article 443 is merely in consonance with the principle that no one may enrich himself unjustly at another͛s expense.

&5,,&'$,!!(##"$x Article 443 does not apply when the planter is in good faith, because in this case, he is entitled to the fruits already received, hence there is no necessity of reimbursing him (See Article 544)

&&&#$3,!$"#!&5x 1. They must have been used for production, gathering, or preservation, and not for the improvement of the property; 2. They must have been necessary, and not luxurious or excessive. They must be commensurate with those ordinarily necessitated by the product. &#!""! #!" $ x Only such as are manifest or born are considered as natural or industrial fruits.

With respect to animals, it is sufficient that they are in the womb of the mother, although unborn (Article 444).

6#% $#&*$ "!( "$#+! !"!" $ x Civil fruits accrue daily (Article 554) and are therefore considered in the category of personal property; natural and industrial fruits, while still growing, are real property; 1. Civil fruits can be pro-rated; natural and industrial fruits ordinary cannot.

***END OF REPORT. GROUP 2 WILL START REPORTING ON ARTICLE 445.*** Ñ