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Duty of Recipient of Fruits to Reimburse Necessary Expenses

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Duty of Recipient of Fruits to Reimburse Necessary Expenses

Read also: INSTANCES WHEN OWNER OF LAND DOES NOT OWN THE FRUITS PRODUCED BY HIS PROPERTY

  • He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation.
  • To be entitled for reimbursement, the expenses must have been used for production, gathering, or preservation, not for the improvement of the property.
  • When the planter is in good faith, he is entitled to the fruits already received, hence, there is no necessity of reimbursing him.

The owner of the land is entitled to the natural, industrial and civil fruits produced by his property. However, there are instances that the one entitled to the fruit is not the owner of the land, this includes the possessor of the land in good faith, the usufructuary, the lessee of the land and the antichretic creditor. In case a third person gathers and preserves the fruits, who will have to pay for the expenses he incurred?

Under the New Civil Code:

“Art. 443. He who receives the fruits has the obligation to pay the expenses made by a third person in their production, gathering, and preservation.”

Thus, the person who receives the fruit, be it the owner, lessee, usufructuary or antichretic creditor is obliged to reimburse the third person for the necessary expenses he incurred for the production, gathering, and preservation of the fruits.

To be entitled for reimbursement, the expenses must have been used for production, gathering, or preservation, not for the improvement of the property. Also, the expenses must be commensurate with those ordinarily necessitated by the product.

However, when the planter is in good faith, he is entitled to the fruits already received, hence, there is no necessity of reimbursing him.

If the fruits had not yet been gathered, no indemnity is required.

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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