Civil Law and Land Titles and Deeds › Property, Ownership, and its Modifications › Modes of Acquiring Ownership

2. Tradition

How is possession acquired by material occupation or exercise of a right?

How may possession be transferred by constructive delivery?

  • Traditio Brevi Manu – when one already in possession of a thing by a title other than ownership continues to possess the same under a new title, that of ownership
  • Constitutum Possessorium - when the owner continues in possession of the property alienated not as owner but in some other capacity.

Note: Be careful with spelling in the bar exam.

How is possession acquired by subjection of the thing or right to our will?

  • Traditio Longa Manu – effected when the transferor points out or indicates the thing to the transferee, placing it within the latter’s control
  • Traditio Simbolica – effected by delivering an object (e.g., key) symbolizing the placing of one thing under the control of the vendee

How is possession acquired by constructive possession or proper acts and legal formalities established for acquiring such right of possession?

  • succession,
  • Donation,
  • execution of public instruments