Legal Definitions - separatio

Definition: Separatio (sep-uh-ray-shee-oh) is a Latin term used in Roman and civil law to refer to the natural produce or profit obtained from land and animals. It is the separation of the fruit from the parent body, and the owner of the land or animals acquires ownership through this process. A bona fide possessor or an emphyteuta can also acquire ownership by separatio, which allows a non-owner to claim title from a thief. However, a tenant or usufructuary can only acquire title by perceptio and cannot claim title from a thief.

Example: If a farmer owns a piece of land and grows crops on it, the crops are considered fructus or "fruits" of the land. The farmer can separate the crops from the land through separatio and claim ownership of them. Similarly, if someone steals the crops, a bona fide possessor or an emphyteuta can claim ownership of the stolen crops through separatio. However, a tenant or usufructuary who is only allowed to use the land for a specific purpose cannot claim ownership of the crops through separatio.

Explanation: The example illustrates how separatio is used to determine ownership of the natural produce or profit obtained from land and animals. It shows that the owner of the land or animals can claim ownership of the fruits through separatio, while a tenant or usufructuary who is only allowed to use the land for a specific purpose cannot. It also demonstrates how a bona fide possessor or an emphyteuta can claim ownership of stolen fruits through separatio, but they must account for any unconsumed fruits to the successful claimant.