Civil Code (Cap. 16)
Civil Code (Cap. 16), article 553
553. For the purposes of the provisions of the last two
preceding articles, the possesso r is deemed to have derived a
benefit from the said damage or alienation in each of the follo wing
cases only:
(a) if the subject of the benefit so derived is found, at the
time of the judicial demand, to exist separately from
the things belonging to the possessor;
(b) if, where the subject of such benefit has been
intermixed with things belonging to the possessor, his
estate is found, at the time of such demand, to have
been enhanced thereby;
(c) if, where the subject of such benefit has been
consumed by the possessor, such possessor has in
consequence saved his own things, and such saving
still exists:
Provided that it shall be lawful for the possessor in any of th e
foregoing cases to retain the sub ject of such benefit on paying to
the plaintiff the value of the things at the time he shall have
disposed thereof or their value at the time of the demand,
whichever is the greater.
Possessor in good
faith not bound to
restore value of
things given, etc.
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