Fructus (Roman law)
Fructus is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool. There is some debate whether profits arising from other legal actions, such as loan interest, can be considered fructus – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways.
Right to ''fructus''
In ancient Rome, right to collect fructus was considered an integral right of the owner. Ancient jurisprudents often commented on the right to fructus in various situations. It was generally agreed on that until separation from its core object, fructus remained a part of that object; upon disconnection, they became property of the owner under normal conditions. There existed various exceptions to that general rule:- A person possessing the object in good faith may be entitled to all fructus collected during their time possessing the property, as a form of reward for "cultivation and care".
- As part of ususfructus.
- As part of an emphyteusis agreement.
- A detentor might be entitled to fructus if the relevant contract stipulates it.