Property Homework 2 Submitted by: Jennylyn C.

Mondejar

Possessor in Good Faith Possessor in Bad Faith

Must reimburse the

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

Entitled to part of the

2. Pending Fruits
3. Necessary Expenses
4. Useful Expenses
5. Expenses for pure luxury
expenses of cultivation, and
to a part of the net harvest,
in proportion to the time of Goes to the legitimate
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,
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
[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
when owner chooses to when owner chooses to
refund [Article 458, CC] pay its value ( Article 549)