(1) If the prerequisites set out in sections 987 to 992 are not satisfied, the possessor is to return the fruits taken, insofar as according to the rules of proper management they are not to be seen as the yield of the thing, in accordance with the provisions on the surrender of unjust enrichment; in all other cases, the possessor is obliged neither to surrender emoluments nor to pay damages.
(2) For the time for which the emoluments remain due to the possessor, the possessor is subject to the provision of section 101.