On the restitution in the Roman civil law procedure

Abstract

The Roman notion of fruits shows up remarkable deficiences with regards to what is broadly expected from legal terminology. On acquisition of fruits by the bona fidei possessor, some doctrines are hereby opposed to such as the ‘Produktionsprinzip’ (industrial fruits) and the need of possessing an onerous title. Concerning the restitution of fruits, as opposed to the homogeneity of restituere principle adopted by Kaser, specific profiles of fruits restitution in bonae fidei iudicia and in legal actions aimed at certam rem reddere, are highlighted whereas the postclassical origin of the separation between good and bad faith possessors is borne in mind.