Fructus

Legal Definition and Related Resources of Fructus

Meaning of Fructus

(Lat.) The right of using the increase or fruits; equivalent to usufruct. That which results or springs from a thing; as, rents, interest, freight from a ship, etc. All the natural return, increase, or addi tions which is added by nature or by the skill of man, including all the organic products of things. Vicat; 1 Mackeld. Civ. Law, § 154. They were divided according to their nature into : Fructus Civifes. Civil fruits. All revenues and recompenses which, though not fruits, properly speaking, are recognized as such by the law. IKauffm. Mackeld. Civ. Law, § 154; Calv. Lex.; Vicat. Fructus Naturales. Those products which are produced by the powers of nature alone; as, wool, metals, milk. 1 Kauffm. Mackeld. Civ. Law, § 154; Calv. Lex. Fructus Industrfales, Those products which are obtained by the labor and cultivation of the occupant; as, corn. 1 Kauffm. Mackeld. Civ. Law, § 154, note. Emblements are such in the common law. 2 Steph. Comm. 258; Vicat. According to their situation with respect to their source they were divided into: Fructus Pendentes. The fruits united with the thing which produces them. These form a part of the principal thing. 1 Kauffm. Mackeld. Civ. Law, § 154. Fructus Separati. Separate fruits; the fruits of a thing when they are separated from it. Dig. 7. 4. 13; 1 Mackeld. Civ. Law, p. 156, § 154.

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This definition of Fructus is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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Concept of “Fructus”

Traditional meaning of fructus in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) Fruit; fruits. Fructus rei alienae: the fruits of another’s property. Fructus civiles: revenues and recompenses; profits; rents. Fructus industriales: the fruits of industry; emblements; as crops of grain, etc.; distinguished from fructus naturales: the natural products of the soil or increase of animals, like the fruit of trees, wool, etc.; see Robinson’s Elementary Law Rev. ed.; § S5. Fructus pendentes: hanging fruits, things not severed from the land, as distinguished from fructus separati. Fructus rei alienae: fruits taken from the property of another. Fructuum perceptio: the rightful taking of the produce of property by a person not the owner of the property; one of the methods of acquiring property with an act of possession.

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Notes and References

  1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Fructus”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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