Traditio
idea · 2 works · 3 mentions · 6 anchored passages
Tradition · Delivery · actual delivery · delivery of possession · traditio · tradition
spoken of as
1 expressionTradition“traditio”2 mentions
Institutes of Roman Law (English) · Ancient Law (English)
Tradition in Roman law was never fictitious;
in the texts
Institutes of Roman Law
Formless delivery of possession that transfers ownership when accompanied by a justa causa or manifested intention.
and Tradition is as unilateral a transaction as Mancipation or Surrender before a magistrate.
in the sphere of alienations Traditio is Formless, while Mancipatio and In jure cessio are Formal.
) that, to constitute a valid alienation, Tradition must be preceded by some justa causa, Donatio, Contractus, or Solutio.
Ancient Law
The simple mode of physical transfer of property that eventually superseded Mancipation as the general Roman conveyance.
and, though Roman legislators long shrank from enacting that the right of property in a Res Mancipi should be immediately transferred by bare delivery of the article, yet even this step was at last ventured upon by Justinian, in whose jurisprudence the difference between Res Mancipi and Res Nec Mancipi disappears, and Tradition or Delivery becomes the one great conveyance known to the law.