509条
受遺者ハ遺贈物ノ引渡ヲ請求シタル時ヨリ後ニ非サレハ遺贈物ノ果実ヲ収受スル権利ヲ有セス但期限ノ到来シ又ハ未必条件ノ成就シタルコトヲ要ス
然レトモ左ノ三箇ノ場合ニ於テハ受遺者ハ遺言者ノ死亡、満期又ハ条件成就ノ時ヨリ請求ヲ待タスシテ直チニ果実ヲ収受スル権利ヲ有ス
遺言者カ果実ヲ収受スル権利ヲ明示シタルトキ
遺贈カ養料ノ性質ヲ有スルトキ
相続人カ悪意ヲ以テ遺言ヲ隠秘シタルトキ
392. A legatee is not entitled to collect fruits of the thing bequeathed until after the time at which the delivery of such thing has been claimed ; but the term must become due or conditions must be accomplished.
In the three following cases, however, the legatee is entitled to collect the fruits without making the claim from the time of the death of the testator or testatrix, expiration of the term or accomplishmentof the conditions :
i. Where the right to collect the fruits has expressly been stated by the testator or testatrix ;
ii. Where the legacy has the nature of aliment ;
iii. Where the heir has concealed the will with malicious intent.