section 495
Enjoyment by possessor in good faith
The Portuguese Civil Code, 1867A possessor in good faith may appropriate the fruits, natural and industrial, which the thing has produced, and which were collected till the day his possession ceased to be in good faith, and the civil fruits corresponding to the duration of the same possession in good faith; but if, at the time when his possession ceased to be in good faith, there are some fruits, natural or industrial, not yet collected, the possessor shall have the right to be reimbursed the expenses incurred in connection with their production and, in addition, a part in the net income proportionate to the duration of his possession in relation to the plucking / gathering operations. § 1 - The liabilities shall be shared in the same manner between the two possessors. § 2 - The owner of the thing may, if he so desires, concede to the possessor in good faith the liberty to conclude the operation of the cultivation and collection of the ungathered fruits, as compensation towards expenses of cultivation and of net income to which he has a right; the possessor in good faith, who, for any reason, does not desire to accept such concession, shall lose the right to be indemnified in any manner. § 3 - Natural fruits are those which the thing produces spontaneously; industrial are those which are produced through human labour; civil fruits are the rents or interest arising from the said thing. § 4 - Good faith is deemed to cease from the time the defects in possession are made known to the possessor through the Court by filing of a suit or in one where it is proved that the defects were known to the same possessor. § 5 - A forcible trespasser is always presumed to be in bad faith.
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