FRUCTUS

fructus (fr<<schwa>>k-t<<schwa>>s). [Latin “fruits”] 1.Roman & civil law. The natural

produce of land and animals; the profit or increase from land and animals. • The owner of the land

or animals acquired ownership by separatio, the separation of the fruit from the parent body. A

bona fide possessor or an emphyteuta also acquired ownership by separatio, which allowed a

nonowner to claim title from a thief. But in Justinian’s law, a bona fide possessor had to account to

a successful claimant for ownership for the principal thing and any unconsumed fruits. A tenant or

usufructuary acquired title only by perceptio, and cannot claim title from a thief. See

PERCEPTION(2). Cf. FRUCTUS CIVILES. 2.USUFRUCT. Pl. fructus.[Blacks Law 8th]