Acquisition of Fruits of A Person with Good Faith is related sub-article 1 of Article 201, providing the validity of possessory right, and sub-article 1 of Article of 748, providing unjust profit, of the Civil Law. This thesis is a study of constructi...
Acquisition of Fruits of A Person with Good Faith is related sub-article 1 of Article 201, providing the validity of possessory right, and sub-article 1 of Article of 748, providing unjust profit, of the Civil Law. This thesis is a study of construction of sub-article 1 of Article 201 with categorization of unjust profit. So, a settlement of profit in contract liquidation should ruled by the Article 741 and following provisions about unjust profit, not by the Article 201, an annexational provision providing a real right claim which regulate a relation between possession and unpossession.
The Article 201 takes precedence in a rendition of profit when the requisite of contract is not fulfilled between the parties concerned and the Article 741 and following provisions are supplementary provisions.