Fructus (Roman law)
Encyclopedia
Fructus was a legal term used in Roman law
to describe products which originate from both natural sources (e.g. the natural produce of gardens, reproduction of animals, etc.) and legal transactions (e.g. loan interest).
Roman law
Roman law is the legal system of ancient Rome, and the legal developments which occurred before the 7th century AD — when the Roman–Byzantine state adopted Greek as the language of government. The development of Roman law comprises more than a thousand years of jurisprudence — from the Twelve...
to describe products which originate from both natural sources (e.g. the natural produce of gardens, reproduction of animals, etc.) and legal transactions (e.g. loan interest).
Types of fructus
- Fructus naturalesFructus naturalesIn property law, fructus naturales are the natural fruits of the land on which they arise, such as agricultural produce and wild game. In many common law legal systems, fructus naturales are considered to be part of the real property, and not separate chattels in relation to any legal conveyance...
- fruits which originate naturally (e.g. apples grown on an apple tree) - Fructus civiles - profits obtained through legal transactions (e.g. loan interest)
- Fructus consumpti - fruits which have been consumed (e.g. an apple which has been eaten)
- Fructus extantes - fruits not consumed (as oppose to fructus consumpti)
- Fructus pendentes - fruits not separated from the object which they originate from (e.g. apples still hanging on the tree)
- Fructus percepti - fruits which have been taken possession of by separating them from the object which produced them (as opposed to fructus pendentes)
- Fructus percipiendi - fruits which would have but have not been produced at fault of the holder of the fruit-producing object
- Fructus separati - fruits separated from the object which produced them (e.g. berries gathered from a tree)