Legal Definitions - tradition

The term "tradition" has two distinct meanings in a legal context:

1. Established Customs or Practices

In its first sense, "tradition" refers to long-standing customs, habits, or ways of doing things that have developed over time and now influence or even dictate how present actions or practices are carried out. These are often unwritten rules or expectations that are followed because they have always been done that way.

• Example 1: Business Protocol
  Imagine a long-established accounting firm where, for decades, new partners have always been introduced to key clients through a formal dinner hosted by a senior partner. While not a written policy, this customary practice is considered the expected and proper way to integrate new leadership.
  Explanation: This unwritten but consistently followed custom dictates the present act of introducing new partners, illustrating how a past practice influences current professional conduct.
• Example 2: Local Government Procedures
  In a small town, it might be a tradition that the annual town meeting always begins with a public forum where citizens can voice concerns before any official agenda items are discussed, even if the state's open meeting laws don't explicitly require it. This practice has been followed for generations.
  Explanation: The long-standing custom of starting with a public forum governs the present procedure of the town meeting, even without a formal ordinance.
• Example 3: Industry Standards
  In the construction industry, it might be a tradition for general contractors to provide a detailed "as-built" drawing set to the client upon project completion, even if the initial contract only vaguely mentions documentation. This practice has become an expected industry standard over many years.
  Explanation: This customary practice, developed over time, now influences or governs the present act of project handover in the construction industry.

2. The Act of Delivery or Transfer

In its second, more specific legal sense, "tradition" refers to the physical or legal act of delivering an item, property, or an entire estate from one person to another, thereby transferring possession or ownership.

• Example 1: Transfer of Goods
  When a buyer purchases a valuable antique painting, the seller performs the "tradition" by physically handing over the artwork and the certificate of authenticity to the buyer.
  Explanation: This act of physical delivery transfers possession and legal control of the item from the seller to the buyer.
• Example 2: Real Estate Transfer
  Upon the sale of a house, the seller's attorney performs the "tradition" of the property by formally delivering the signed deed and other necessary legal documents to the buyer's attorney at the closing.
  Explanation: The formal delivery of the deed legally transfers ownership of the real estate from the seller to the buyer.
• Example 3: Inheritance of an Estate
  After a person passes away, the executor of their will performs the "tradition" of a specific family heirloom, such as a vintage watch, by formally presenting it to the designated beneficiary as outlined in the will.
  Explanation: This act constitutes the delivery of an item from the deceased's estate to the rightful heir, completing the transfer of ownership.