GROUP 1 REPORTER
PROPERTY
July 8, 2010
COVERING ARTICLE 441 TO ARTICLE 444
What is accession discreta? It is the right to the ownership of the fruits f ruits produced by ones property.
What are the kinds of fruits which belong to an owner ? To the owner belongs: 1. The natural fruits spontaneous products of the soil, the young and other products of animals; 2. The industrial fruits Those produced by lands of any kind through cultivation and labor; 3. The civil fruits Rent of buildings, price of leases of lands, etc. (Article 441).
Is the rule of accession discreta that to the owner of the things belong the natural, industrial and civil fruits absolute in character ? No, 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 o f his credit.]
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What is the meaning of natural, industrial and civil fruits? Natural fruits are the spontaneous products of the soil, and the young and other products of animals.
Industrial fruits are those produced by lands of any kind through cultivation or labor.
Civil fruits 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).
To whom does the offspring of animals belong when the male and female belong to different owners? (p. 204) Applying the principle of partus sequitur ventrem, 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.
A leased a female animal from B. During the period of the lease, the animal produced sibling. Who owns the young? 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.
Suppose that A was merely given the animal by way of commodatum (gratuitous borrowing), who is the owner of the young? The owner of the female retains ownership in view v iew of the gratuitous contract.
What is the duty of the recipient of fruits to third persons who incurred expenses in their production, gathering and preservation? 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 gathered fruits. Owner should pay for the expenses of irrespective of good faith or bad faith to prevent unjust cultivation, gathering and preservation irrespective
enrichment.
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The rule is different with respect to ungathered fruits. When the possession is interrupted and in bad faith, no reimbursement is due (Article 449 pursuant to the principle of accession continua).
Applications: A is the owner of a piece of land upon fruits were grown, raised, harvested and gathered by B in bad faith. Who should be considered the owner of the fruits? 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 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 anothers expense.
Is Article 443 applicable if the planter is in good faith ? 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)
What is the characteristic of the expenses referred to in Article 443 ? 1. They must have been used for production, gathering, or preservation, and not for the improvement improvement of the property; 2. They must have been necessary, and not luxurious or excessive. They must be commensurate commensurate with those ordinarily necessitated by the product.
What are considered natural or industrial fruits? 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).
How are the rules for civil fruits distinguished from natural and industrial fruits ? Civil fruits accrue daily (Article 554) and are therefore considered in the category of personal property; natural natural and industrial i ndustrial fruits, while still growing, are real property; 1. Civil fruits can be pro-rated; p ro-rated; natural and industrial fruits ordinary cannot.
***END OF REPORT. GROUP 2 WILL START REPORTING ON ARTICLE 445.*** 3
