4213

If the pension should consist of a fixed amount of fruits, the kind and quality thereof shall be determined in the contract.\nShould it consist of an aliquot part of those the estate may produce, in the absence of an express stipulation as to the intervention which the legal owner may exercise, the emphyteuticary shall give to said owner or his representative previous notice of the day on which he intends to commence the gathering of each kind of fruit, in order that he may, either personally or through his representative, inspect all the operations until he receives the share belonging to him.\nAfter the notice has been given, the emphyteuticary may gather the crops, even when neither the legal owner nor his representative or agent is present.\nHistory —Civil Code, 1930, § 1522.