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Good vs. Bad Faith Possession Rights

This document summarizes the differences between a possessor in good faith and a possessor in bad faith regarding their rights to fruits gathered from the property and expenses incurred. A possessor in good faith is entitled to fruits gathered and reimbursement for necessary expenses. They have limited rights to removal of useful expenses. A possessor in bad faith must reimburse the legitimate possessor for fruits and has no rights to reimbursement or removal of expenses.

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Jem Paracale
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103 views1 page

Good vs. Bad Faith Possession Rights

This document summarizes the differences between a possessor in good faith and a possessor in bad faith regarding their rights to fruits gathered from the property and expenses incurred. A possessor in good faith is entitled to fruits gathered and reimbursement for necessary expenses. They have limited rights to removal of useful expenses. A possessor in bad faith must reimburse the legitimate possessor for fruits and has no rights to reimbursement or removal of expenses.

Uploaded by

Jem Paracale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Property Homework 2 Submitted by: Jennylyn C.

Mondejar

Possessor in Good Faith Possessor in Bad Faith

Must reimburse the


Entitled to the fruits while legitimate possessor for
possession is in good faith fruits received or could
1. Gathering of Fruits
and before legal have been received, less
interruption [Art. 544, CC) expenses under Art. 443,
CC [Art. 549, CC]

Entitled to part of the


expenses of cultivation, and
to a part of the net harvest,
in proportion to the time of Goes to the legitimate
2. Pending Fruits the possession. Indemnity possessor who recovers
owner’s option, in possession (Art. 549, CC)
money,may be, at the OR
by allowing full cultivation
and gathering of the fruits
[Art. 545, CC]
Right to reimbursement Reimbursement [Art. 546,
3. Necessary Expenses
and retention [Art. 546, CC] CC]
Right of retention until
reimbursed; Owner’s
option to reimburse him
either for expenses or for
increase in value which the
No right to
thing may have acquired
reimbursement and no
4. Useful Expenses [Art. 546, CC] Limited right
right of removal [Art.
of removal – should not
547, CC]
damage principal and
owner does not exercise
option of paying the
expenses or increase in
value [Art. 547, CC]
Right to remove except Right to remove, except
5. Expenses for pure luxury when owner chooses to when owner chooses to
refund [Article 458, CC] pay its value ( Article 549)

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