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)
Complete ownership in things not mancipable is transferred by merely informal delivery of possession (tradition), if they are corporeal and capable of delivery.
in the texts
Institutes of Roman Law
Formless delivery of possession that transfers ownership when accompanied by a justa causa or manifested intention.
) that, to constitute a valid alienation, Tradition must be preceded by some justa causa, Donatio, Contractus, or Solutio.
In one particular instance, by special statutory enactment, the causa traditionis is material to the efficacy of Tradition.
and Tradition is as unilateral a transaction as Mancipation or Surrender before a magistrate.
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The simple mode of physical transfer of property that eventually superseded Mancipation as the general Roman conveyance.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.