Define: Fructus Stantes

Fructus Stantes is a Latin term that translates to “standing fruits” in English. It refers to the legal concept that when a person sells or transfers a property, they are entitled to the fruits or benefits of that property until the transfer is complete.

In real estate transactions, Fructus Stantes allows the seller to retain the right to any fruits or benefits of the property, such as rental income or crop harvest, until the transfer of ownership is finalized.

Yes, Fructus Stantes can be waived or modified through a written agreement between the parties involved. It is important to clearly state any modifications or waivers in the contract to avoid any misunderstandings.

If the buyer takes possession of the property before the transfer is complete, they may be entitled to the fruits or benefits of the property. However, this can vary depending on the specific laws and regulations of the jurisdiction.

Yes, Fructus Stantes can apply to other types of assets besides real estate. For example, it can be relevant in the transfer of businesses, intellectual property rights, or any other asset that generates ongoing benefits.

If the seller continues to receive the fruits of the property after the transfer is complete, it may be considered a breach of the transfer agreement. The buyer may have legal recourse to seek damages or terminate the agreement.

Yes, there may be limitations to Fructus Stantes depending on the jurisdiction and specific circumstances. It is important to consult with a legal professional to understand the applicable laws and any potential limitations.

Fructus Stantes generally applies from the moment the transfer agreement is signed or when possession is transferred. It is not typically applied retroactively to cover any fruits or benefits received before the agreement was made.

Fructus Stantes can be overridden by other legal principles if they are specifically stated in the applicable laws or regulations. It is crucial to understand the legal framework of the jurisdiction to determine if any other principles take precedence.

If there is a dispute regarding Fructus Stantes, it is advisable to seek legal advice from an attorney specializing in property law. They can provide guidance on the specific laws and regulations that apply to your situation and help resolve the dispute.