Constitutum possessorium, a legal term derived from Roman law, pertains to an arrangement wherein an individual relinquishes possession of an item to another party while retaining control over it. This is commonly employed in scenarios where an individual pledges their property as collateral for a loan but desires to maintain possession of it. It is akin to stating, “You may utilise my toy, but I am still the one in charge.” This type of agreement is also referred to as traditio longa manu.
Constitutum possessorium, a Latin term meaning “possessory agreement,” is a concept in Roman law that involves the transfer of mediate possession while the immediate control or custody remains with the transferor. It also refers to the agreement that facilitates this transfer. For instance, when someone purchases goods from a warehouseman, the goods are considered delivered to the buyer when the warehouseman agrees to hold them on the buyer’s behalf. Although the goods remain in the warehouse, the buyer has control over them. In the context of a security interest, the pledged property may still be in the possession of the debtor, but as a bailee of the creditor. Constitutum possessorium is one of three forms of constructive delivery, alongside attornment and brevi manu.
Constitutum Possessorium is a legal concept that allows a person to transfer possession of a property to another individual without transferring ownership.
Under Constitutum Possessorium, the owner of a property can enter into an agreement with another person, known as the possessor, to transfer possession of the property. The possessor gains the right to possess and use the property, but the ownership remains with the original owner.
Constitutum Possessorium is not recognized in all legal systems. Its availability and requirements may vary depending on the jurisdiction.
Constitutum Possessorium can be beneficial for parties who want to transfer possession of a property temporarily, such as in a lease agreement, without going through the formalities of transferring ownership.
Constitutum Possessorium can generally be used for any type of property, including real estate, movable assets, and even intellectual property rights, as long as it is recognized by the applicable legal system.
The original owner generally has the right to terminate Constitutum Possessorium at any time, unless otherwise agreed upon in the contract. However, the termination may be subject to certain legal requirements and notice periods.
In most cases, the possessor cannot sell or transfer their possession rights to another person without the consent of the original owner. Constitutum Possessorium only grants possession rights, not ownership rights.
If the possessor damages the property, they may be held liable for the damages. The original owner may have the right to seek compensation for the repairs or restoration of the property.
No, Constitutum Possessorium does not grant the possessor the right to claim ownership of the property. The ownership remains with the original owner unless a separate agreement is made.
The specific legal requirements for creating a Constitutum Possessorium agreement may vary depending on the jurisdiction. It is advisable to consult with a legal professional to ensure compliance with the applicable laws and regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/constitutum-possessorium/
- Modern Language Association (MLA):Constitutum Possessorium. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/constitutum-possessorium/.
- Chicago Manual of Style (CMS):Constitutum Possessorium. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/constitutum-possessorium/ (accessed: May 09 2024).
- American Psychological Association (APA):Constitutum Possessorium. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/constitutum-possessorium/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts