LOS FRUTOS DE LA COSA PERTENECEN AL ACREEDOR DESDE QUE NACE LA OBLIGACIÓN DE ENTREGAR LA MISMA.

Abstract

A creditor does not acquire a real right in a thing until that thing has been delivered to the creditor. In other words, ownership is not transferred until the new owner has acquired both title to and delivery of the thing in question. As of that point in time, the new owner can take action of a real (i.e., property-related) nature. Thus, in a contract selling real property, obligations are created. One of them is the obligation to deliver the thing; the thing is delivered with the intention to convey, and that constitutes conveyance. The contract is the title, and the conveyance is the delivery. The conjunction of the two, title and delivery, means the buyer has acquired ownership, as the obligation has got to be discharged by the person who has in his power the thing that must be delivered together with its fruits.