the status of benefits in trusteeship principle

the division of possession into a trustful and liable one is a mechanism from the legislator to define the responsibility of a person possesses the other's property. the possessor of the other's property is held responsible for the property itself and its benefits regardless of whether he has used it or not. although a trust possessor is not responsible for damages caused to the trust property, his responsibility towards benefits depends on the agreement of the parties. in cases where the trust possession is converted into a liable possession because of defaults, the possessor will be responsible towards damages to the property and not liable towards the profits. the responsibility towards benefits depends on the consent of the parties and circumstances existing at the time of delivery of the property. for example, in borrowing contract, if the borrower makes any default regarding the property borrowed, he will be liable only for the property and not for the benefits, in contrast with an illegal seizer