Practice question
A bad-faith possessor collected some orchard fruit but deliberately left another established harvest uncollected. The lawful possessor proves it could have received that harvest. The bad-faith possessor says549 covers only fruit actually taken. Which is correct?
- 549 requires reimbursement of fruits received and those the legitimate possessor could have received
- Only the collected fruit can ever count
- Deliberate waste automatically cancels liability
- The possessor becomes owner by declining to gather
- The lawful possessor must accept any chosen accounting
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles537,544,549 and552–556.
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