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Simple English definitions for legal terms
constitutum possessorium
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A quick definition of constitutum possessorium:
Constitutum possessorium is a legal term from Roman law that refers to an agreement where someone transfers possession of something to another person, but still keeps control over it. This is often used in situations where someone pledges property as security for a loan, but still wants to keep possession of it. It's like saying "I'll let you use my toy, but I'm still in charge of it." This type of agreement is also called traditio longa manu.
A more thorough explanation:
Definition: Constitutum possessorium is a Latin term that means "possessory agreement." It refers to a type of constructive delivery in Roman law where mediate possession is transferred while the immediate control or custody remains in the transferor. It also refers to the agreement by which this transfer is brought about.
For example, if someone buys goods from a warehouseman, the goods are delivered to the buyer when the warehouseman agrees to hold them on the buyer's account. The goods remain in the warehouse, but the buyer has control over them.
In the context of a security interest, the pledged property may remain in the possession of the debtor, but as a bailee of the creditor.
Constitutum possessorium is one of three types of constructive delivery. The other two are attornment and brevi manu.