Fructus (Roman law)

Fructus (Latin for "fruits") is a legal term used in Roman law to describe goods naturally created by other property. In the most traditional understanding, this encompasses literal fruit of various plants, but also goods taken from animals such as milk or wool.[1] There is some debate whether profits arising from other legal actions, such as loan interest, can be considered fructus – ancient jurisprudents usually strayed from such interpretations, but did argue to treat such profits in analogical ways.[2][3]

  1. ^ Kolańczyk, Kazimierz (2007). Prawo rzymskie (5th ed.). Warszawa: Wolters Kluwer. p. 268. ISBN 978-83-7334-031-2.
  2. ^ "The Digest or Pandects: Book 50 (Scott)". droitromain.univ-grenoble-alpes.fr. D 50, 16, 121: "The interest on money which we collect is not included in the term "[fructus]," because it is not derived from the property itself, but from another source, that is to say, from a new obligation."
  3. ^ "The Digest or Pandects: Book 22 (Scott)". droitromain.univ-grenoble-alpes.fr. D 22, 1, 34: "Interest takes the place of [fructus], and therefore should not be separated from it [...]"