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Simple English definitions for legal terms
traditio longa manu
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A quick definition of traditio longa manu:
Traditio Longa Manu: A legal term from Roman law that refers to a way of transferring possession of something from one person to another. It means that the thing being transferred remains in the possession of the original owner, but they agree to hold it for the new owner. This is often used in situations where a security interest is involved, such as when someone pledges property as collateral for a loan. It is also known as constitutum possessorium.
A more thorough explanation:
Definition: Traditio longa manu is a term used in Roman law to refer to a type of constructive delivery. It involves the transfer of mediate possession while the immediate control or custody remains with the transferor. The agreement by which this transfer is brought about is also called constitutum possessorium.
Example: In the context of a security interest, a pledged property may remain in the possession of the debtor, but as a bailee of the creditor. This means that the creditor has the right to take possession of the property if the debtor defaults on the loan.
Another example of constitutum possessorium is when a warehouseman agrees to hold goods on behalf of a buyer. The goods are considered delivered to the buyer once the warehouseman agrees to hold them as a warehouseman on the buyer's account. This is the same as if the buyer had taken actual possession of the goods and then brought them back to the warehouse for safekeeping.
These examples illustrate how traditio longa manu or constitutum possessorium can be used to transfer possession of property without physically handing it over. Instead, an agreement is made between the parties involved to transfer possession in a legal and binding way.