Industrial fruits are those produced by countries of any kind by cultivation or work. The owner of the property has the right to enjoy, sell, recover or defend, to possess and use his property. He is also entitled to the fruits produced by his property. The right to fruit includes the right to three types of fruit – natural, industrial and civil. Examples: Natural fruits – grass and plants produced from land without crops and labour, eggs and chicks from a chicken. Industrial fruits – rice, vegetables, herbs. Civil fruits – payment of rent for a building. Simple fruits may contain fruits such as apples, pears, plums, tomatoes, peaches. Aggregated fruits may include fruits such as raspberries, blackberries, strawberries. Several fruits may contain fruits such as pineapple, figs, breadfruit, blackberries. Civil fruits are income derived from an asset by operation of law or by a legal act, such as rents, interest and certain business distributions. GENERAL RULE: The owner owns the natural, industrial and civil fruits. Civil fruits, on the other hand, are the income or income that comes from the property itself.

Therefore, a dividend, whether in cash or shares, is considered a civil fruit, since it is declared from the profits of a company and not from the share capital. In Bachrach Motor Co., Inc., v. Talisay-Silay Milling Co., et al (G.R. No. 35223 of 17. However, in September 1931, the Court held that a premium paid to the owner of land for assuming the risk of using his property to secure a loan to a sugar factory was not the civil fruit of the mortgaged property, since it was not income from the land itself, but compensation for the risk assumed by the owner. a) Everyone has full ownership of his share and share of the fruits and profits 4. As a general rule, usufruct includes all fruits and all uses and benefits of all goods There are three (3) types of fruit in civil law. These are natural fruits, industrial fruits and civil fruits. Provide at least three (3) examples per fruit type. F an interest in an immovable consisting of a separate interest in a unit of a residential, industrial or commercial immovable and an undivided interest in the land on which it is situated and in other common elements of the immovable. Natural fruits are products of the land or animals.

Real right – a right or power over a particular thing that is enforceable against the whole world. It is acquired by the creditor from the delivery of the thing and its fruits to him. Article 1163 Any person who is obliged to give something is also obliged to care for it with the care of a good father, unless the law or the disposition of the parties requires a different standard of care. (1094a) Art. 1164. The creditor is entitled to the fruits of the thing from the moment the obligation to deliver arises. However, he does not acquire any real right until it has been handed over to him. (1095) Article 1165. If what is to be delivered is a specific thing, the creditor may, in addition to the right granted to him by Article 1170, compel the debtor to make the delivery. If the thing is indefinite or generic, he may request that the obligation be performed at the debtor`s expense.

If the debtor is in default of payment by two or more persons who do not have the same interest or who have promised to deliver them, he is liable for any fortuitous event until he has made the delivery. (1096) Article 1166. The obligation to donate a particular item includes the delivery of all its gifts and accessories, even if they have not been mentioned. (1097a) A. Personal right – a right that can be exercised from one person to another, such as the right of a creditor to demand delivery of the thing and its fruits from the debtor. the types of fruit (Art. 441) which the debtor must also provide: 2. growing trees, plants and fruits, when attached to the land or as an integral part of property; Full example: On January 1, 2018, Romeo committed to give Juliet a specific car on December 31, 2018. Before December 31, Romeo is also obliged to take care of this particular car with the care of a good father. And on the scheduled date, Romeo will now be forced to deliver this car to Juliet with its fruits and accessories. If Romeo does not deliver the car, Juliet can assert her personal right against Romeo to demand delivery. If Romeo does not respond to the request, Juliet can now claim damages.

But if Romeo delivers the car without delay, he is not responsible for the damage. Juliette, on the other hand, will now have her true right to the car. There are three (3) types of fruit in civil law. These are. The creditor is entitled to the fruits of the thing from the moment when the obligation to deliver the thing arises. However, such a creditor has no right in rem in the matter unless it has been surrendered to him. In the case of marriages in the context of the matrimonial partnership partnership, the natural, industrial or civil fruits due or received during the marriage of joint property, as well as the net fruits from the exclusive property of each spouse; are part of the characteristics of conjugal partnership. Therefore, in an action to return the wife`s paraphernal property, the intervention of the husband is not required and, therefore, the husband is not a necessary party.

However, if fruits are to be recovered in addition to the paraphernal property, the husband must participate in the action, since he is co-owner of these fruits. There are two types of fruits; natural fruits and civil fruits. Industrial fruits – Industrial fruits are those produced by countries of any kind through cultivation or labor. (Clause 442) Examples: maize and other crops, rice, other products resulting from cultivation and the intervention of human labour. 6. Shares of agricultural, commercial and industrial units, although they own real estate. Natural fruits – grass and plants produced from land without crops and labor, eggs and chicks from a chicken. 6. Pays ordinary repairs and taxes on fruit “Natural fruits are the spontaneous products of the soil and young and other products of animals. For a fruit to be classified as an industrial crop, it must meet two requirements: for the natural fruit, the first species, it must be a spontaneous product of the soil.

There must therefore be no human labor that has interfered with their production. If human labor interferes with the production of the fruit, it is classified as an industrial crop. ii. permitting the complete cultivation and gathering of all fruits a. require that the obligation be performed at the debtor`s expense (art. 1165) b. claim damages from the debtor (art. 1170) NOTE: Gross and inexcusable ignorance of the law may not be the basis of good faith, but possible and excusable ignorance may be such a basis. (Kasilag vs Roque, 69 PHIL 217) 4.

The plaintiff must reimburse the defendant for all services received from him or reimburse the defendant for any costs he may have received. (e) it is indivisible, since it is not affected by the division of the estate between two or more persons; 11. Contracts relating to public works, easements and other fundamental rights in immovable property 2. Title transferred to donee before the donor`s death b. block light by building or erecting your own wall, unless serfdom is acquired by title or ordinance REMEDIES TO RESTORE POSSESSION OF ONE`S OWN PROPERTY. (a) A building is an immovable, even if it was not built by the owner of the land. The only criterion is unification or incorporation into the soil. (Ladera v. Hodges, 48 O.G. 4374).

Why is it important to know whether something is defined or undefined? (d) there exists for the common pleasure of the co-owners if the debtor fails or fulfills his obligation but does not fulfil its duration: (2) Without substantial damage to the immovable property to which he is attached. 2. The net proceeds are supplied to the usufructuary (h) on things which are gradually deteriorating (Art. 573) 4. Independence – It exists without the need for any other right c) In the concept of owner – the owner of the thing or right is considered or believed by others as the owner by his actions, regardless of the good or bad intention of the owner 8. Addressed to a doctor, surgeon, nurse, health worker or pharmacist who cared for the donor during his or her last illness; 1. The current possessor may serve the limitation period necessary for limitation by linking his possession to that of his grantor or predecessor.