Legal Definitions - traditio

Traditio refers to the act of physically delivering an item or transferring control of property from one person to another, specifically with the clear intention of transferring ownership of that property.

It is a fundamental concept in property law, signifying that both the physical act of transfer (delivery) and the legal intent to pass title must be present for ownership to change hands.

• Example 1: Gifting a Personal Item

  Imagine a grandparent giving a vintage watch to their grandchild as a birthday present. The grandparent physically hands the watch to the grandchild and says, "This watch is now yours."

  This illustrates traditio because there is a clear physical delivery of the watch (the act of handing it over) combined with the grandparent's explicit intention to transfer ownership to the grandchild, who accepts it as their own.

• Example 2: Purchasing Goods at a Store

  When a customer buys a new smartphone from an electronics retailer, the store employee places the boxed phone into the customer's hands after the payment is processed.

  This is an example of traditio. The physical handover of the smartphone constitutes the delivery, and both the customer's payment and the store's acceptance of it demonstrate the mutual intention to transfer ownership of the phone from the retailer to the customer.

• Example 3: Transferring Real Estate

  After the sale of a commercial building is finalized, the previous owner meets the new owner at the property and hands over the keys to all the entrances, along with the access codes for the security system.

  Here, traditio is demonstrated through the symbolic delivery of the keys and access codes, which represent the transfer of physical control and possession of the building. This act, combined with the legally binding sale contract and deed, clearly signifies the intent to transfer full ownership of the real estate from the seller to the buyer.