What is a fruit?

In legal terms, the concept of fruit refers to the benefits or returns obtained from something, without losing its own individuality. That is, if you own one thing (a tree, a house, or a share in a company), that thing can give you something else (for example, fruits, money, or dividends). That which gives you the thing is called fruit.

They can be natural, civil or industrial, depending on their origin and relationship with the good that produces them:

• Natural: if you are the owner of agricultural land, the fruits can be the agricultural products that are harvested from that land, such as fruits, vegetables or cereals. They are what the thing gives you without doing anything, just by the passage of time. time or by nature.
• Civil: If you own a rental house, the fruits can be the income obtained from the rental of that property. They are born from an agreement with another person.
• Industrial: if you are the owner of a company, the fruits can be the benefits generated by the commercial activity. They are the ones that the thing gives you because you do something with it (like working on it or taking care of it).

The natural and industrial fruits are part of the property until they are separated from it and belong to the owner or to the person who has the right to it. On the other hand, civil fruits are not part of the property but are rights generated periodically, and only require an expiration or distribution of the rights they generate.

For example, a crop is considered a natural or industrial fruit when it is cut and collected, but a rent is considered a civil fruit when it is paid and collected.

Related concepts

• Rights in rem
• Real action
• Usufruct