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    Natural Fruits

    Uploaded by

    Hazel Gacayan
    The document discusses exceptions to the rule of accession discreta, which grants ownership of fruits produced by property to the owner. It outlines five exceptions: 1) in usufruct, the usufructuary is entitled to fruits; 2) in lease of rural lands, the lessee receives natural/industrial fruits; 3) in antichresis, the creditor receives fruits to pay interest/principal; 4) a possessor in good faith keeps fruits received before possession ends; 5) fruits naturally falling on adjacent land belong to that land's owner, not the tree's owner. It also defines natural fruits as spontaneous soil/animal products.

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    Natural Fruits

    Uploaded by

    Hazel Gacayan
    223 views2 pages
    The document discusses exceptions to the rule of accession discreta, which grants ownership of fruits produced by property to the owner. It outlines five exceptions: 1) in usufruct, the usufructuary is entitled to fruits; 2) in lease of rural lands, the lessee receives natural/industrial fruits; 3) in antichresis, the creditor receives fruits to pay interest/principal; 4) a possessor in good faith keeps fruits received before possession ends; 5) fruits naturally falling on adjacent land belong to that land's owner, not the tree's owner. It also defines natural fruits as spontaneous soil/animal products.

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    The document discusses exceptions to the rule of accession discreta, which grants ownership of fruits produced by property to the owner. It outlines five exceptions: 1) in usufruct, the usufructuary is entitled to fruits; 2) in lease of rural lands, the lessee receives natural/industrial fruits; 3) in antichresis, the creditor receives fruits to pay interest/principal; 4) a possessor in good faith keeps fruits received before possession ends; 5) fruits naturally falling on adjacent land belong to that land's owner, not the tree's owner. It also defines natural fruits as spontaneous soil/animal products.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    223 views2 pages

    Natural Fruits

    Uploaded by

    Hazel Gacayan
    The document discusses exceptions to the rule of accession discreta, which grants ownership of fruits produced by property to the owner. It outlines five exceptions: 1) in usufruct, the usufructuary is entitled to fruits; 2) in lease of rural lands, the lessee receives natural/industrial fruits; 3) in antichresis, the creditor receives fruits to pay interest/principal; 4) a possessor in good faith keeps fruits received before possession ends; 5) fruits naturally falling on adjacent land belong to that land's owner, not the tree's owner. It also defines natural fruits as spontaneous soil/animal products.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Accession Discreta- the right to the ownership of fruits produced by our property.

    Exceptions to the Rule

    The rule in Article 441 is not absolute inasmuch as there are cases where the owner is not entitled to the
    fruits of his property. The exceptions to the rule are the following:

    a.) in usufruct

    It is the essence of usufruct that the usufructuary199 is entitled not only to the enjoyment of the
    property subject matter thereof but also to its fruits. Thus, Article 566 of the New Civil Code provides:

    “Art. 566. The usufructuary shall be entitled to all the natural, industrial and civil fruits of the property in
    usufruct.

    With respect to hidden treasure which may be found on the land or tenement, he shall be considered a
    stranger.”

    b.) in lease of rural lands

    In lease of rural land, the lessee is entitled to the natural and industrial fruits of the thing leased while
    the lessor is entitled to civil fruits in the form of the rent paid by the lessee.200

    c.) in antichresis

    By the contract of antichresis 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 the interest, if owing, and thereafter to the
    principal of his credit.

    d.) in possession in good faith

    According to Article 544 of the New Civil Code, a possessor in good faith is entitled to the fruits received
    by him before his possession is legally interrupted.

    e.) fruits naturally falling

    According to Article 681 of the New Civil Code, fruits naturally falling upon adjacent land belong to the
    owner of the said land and not to the owner of the tree.

    Natural fruits are the spontaneous products of the soil, and the young and other products of animals.

    2 kinds of natural fruits:

    a) The spontaneous products of the soil -those that appear without the intervention of
    human labor, such as the wild fruits in the forest, herbs, and common grass; and

    b.) The young and other products of animals such as milk, hair, wool, horn, hide, eggs, and
    animals dung or manure.

    With respect to the natural fruit of the first kind, it is required that the same must be spontaneous
    product of the soil. In other words, it is necessary that there must be no human labor which has
    intervened in its generation. If human labor intervenes in the production of the fruit, the same is
    classified as an industrial fruit. Trees which grew spontaneously on the soil and adhering thereto are not
    considered as natural fruits in contemplation of the first paragraph of Article 442 because they are
    themselves immovables. Trees may, however, be exceptionally considered as fruits if they are being
    exploited for an industry

    With regard to the natural fruit of the second kind, there may be a situation where the young or
    offspring is a product of animals belonging to different owners. Note that our Civil Code is silent with
    respect to the ownership of the young if the male and female parents belonged to different owners.
    There is no problem if the mating of the parentanimals is agreed upon by their respective owners and
    they provided for the ownership of the offspring. In the absence of any agreement to settle the
    ownership of the offspring, the rule is that “the young belongs to the owner of the female parent.” This
    is the rule enunciated by the Supreme Court in the early case of US v. Caballero205 in consonance with
    the express provisions of the Partidas based on the maxim partus sequitur ventrem — the offspring
    follows the condition of the mother.

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