§ I. On Unjust Possessors

Preliminary note I. Another's thing can be possessed in two ways, in itself and in equivalent. It is said to be possessed in equivalent when someone no longer possesses it, but nevertheless from it as such has become richer, or has more than he would have had if he had not possessed another's thing. This happens when someone: 1° sold another's thing received gratuitously; 2° by consuming or donating another's thing, received gratuitously, spared his own things; 3° sold at a profit another's thing which he had bought. He is not numbered among these who has received fruits from another's thing, because he has become richer not from the thing as such, but from its fruits.

Preliminary note II. The possessor of another's thing is distinguished in three ways, namely, as a possessor in good, doubtful, and bad faith (n. 776). But the obligation of restitution arising from the possession of another's thing can regard: 1° the thing itself; 2° the fruits of the thing; 3° damages following for the owner from the fact that his thing was possessed by another; 4° expenses made by the possessor concerning another's thing.

With these things noted in general beforehand, we shall speak singly about the different possessors.

¹ Cf. Vermeersch, Epitome, t. II, n. 851 sq.; Raus, Institutiones canonicae, n. 361 sq.

² Cf. Bonartz, Die Restitutionspflicht des Besitzes fremden Gutes; Kutsekker, Die Lehre vom Schadenersatze; Hohenlohe, Gründe der Schadenersatzpflicht in Recht und Moral.