Legal Definitions - causa et modus transferendi dominii

The Latin phrase causa et modus transferendi dominii refers to the two essential elements required for a valid transfer of property ownership: the legal justification or reason for the transfer (the "causa") and the specific method or procedure by which the transfer is carried out (the "modus"). In simpler terms, it encompasses both why property is being transferred and how that transfer is legally accomplished.

• Sale of a Commercial Building: When a business purchases a commercial building, the causa is the legally binding purchase agreement, which outlines the terms of the sale and establishes the buyer's right to acquire the property. The modus is the formal process of executing and recording a deed, which is the legal document that officially transfers ownership from the seller to the buyer in the public land records, thereby completing the transaction.

• Inheriting a Family Farm: If a person inherits a family farm after a relative passes away, the causa for the transfer of ownership is either the deceased person's last will and testament (if one exists) or the state's laws of intestacy (if there is no will), which legally designate the heirs. The modus involves the probate process, where a court validates the will or determines the rightful heirs, and then issues orders or documents that legally transfer the title of the farm to the designated beneficiary.

• Donating a Car to Charity: Consider an individual who decides to donate their car to a charitable organization. The causa is the donor's clear intention to make a gift and the charity's acceptance of the donation. The modus would involve the donor physically delivering the car to the charity and signing over the vehicle's title, which is the legal document that officially transfers ownership from the donor to the charitable organization.