In contract law, when a contract has an illicit object or cause (e.g., a contract to produce counterfeit goods, or a lease for a building used as an unlicensed gambling den), any products or profits generated from that contract are productos illicitos .
Civil codes generally state that "fruits belong to the owner of the thing that produces them" (see Article 551, French Civil Code; Article 470, Italian Civil Code). However, when the production involves a vice de consentement or an illegal act (e.g., theft of a cow and subsequent sale of its milk), the producer is not a possessor in good faith . producto illicito
The doctrine of producto illicito serves a vital function: it prevents the legal system from validating or protecting the results of illegal activity. A producto illicito is not a "fruit" in the legal sense; it is a legal anomaly. The producer acquires no property right, the good-faith owner retains a superior claim, and in the absence of an owner, the product is forfeited to the state. In contract law, when a contract has an
The rationale is not merely restitutionary but punitive. If the bad faith possessor were allowed to keep the product, the law would incentivize illegal possession and production. The doctrine of producto illicito serves a vital