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Heyman, Peter · 1587

LXXVII.
Since it has been said that the spoiler must restore the fruits, it must be seen how the fruits are to be restored in a petitory as well as a possessory judgment.
LXXVIII.
Therefore, in the first place, a possessor in good faith makes his own not only natural fruits, but also industrial and civil ones; so that, unless they exist, he is not strictly convened regarding them. For those existing, as if they were the thing itself, must be sought specifically before the contestation of the lawsuit; but after the contestation, they pertain to the office of the judge.
LXXIX.
We say that this proceeds, having applied the file a metaphor for refinement or legal adjustment, contrary to the common opinion of the Doctors: that if he has become enriched even from natural fruits that have been consumed, he shall restore insofar as he has been enriched.
LXXX.
These things are true for a possessor in good faith if he has a just and valid title; for if he has an invalid one, or one that is not considered a title, he is bound to restore only natural ones.
LXXXI.
Hence arises a question, involved in so many and such great opinions of the Doctors, that some do not hesitate to fearlessly concede an antinomy a contradiction between two laws or principles of the law: Does a possessor in good faith cease to make fruits his own due to a supervening bad faith? We fearlessly conclude that he does not make them his own, without any legal antinomy.
LXXXII.
A possessor in bad faith restores all, both those that were perceived and those that could have been perceived; that is, those that a most diligent father of a family would have perceived.
LXXXIII.
Often, however, fruits are compensated with expenses and improvements. For if he is a possessor in bad faith, he deducts necessary expenses not by an exception of deceit, but by the office of the judge.