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RFBT 2

The document outlines various methods of delivery in sales, including physical, constructive, and symbolic delivery for both movable and immovable properties. It details legal formalities and exceptions regarding possession and control, as well as different types of delivery such as traditio simbolica, traditio longa manu, and traditio brevi manu. Additionally, it mentions the delivery of incorporeal property and the obligations of the vendor.

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Paulene Coz
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23 views1 page

RFBT 2

The document outlines various methods of delivery in sales, including physical, constructive, and symbolic delivery for both movable and immovable properties. It details legal formalities and exceptions regarding possession and control, as well as different types of delivery such as traditio simbolica, traditio longa manu, and traditio brevi manu. Additionally, it mentions the delivery of incorporeal property and the obligations of the vendor.

Uploaded by

Paulene Coz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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delivery by physically placing the thing in hands (movables) or possession and control

(immovables) of the buyer

2. constructive/legal delivery

a. legal formalities

applies both to movables or immovables

sale is made through public instrument

GR: prima facie presumption of delivery

XPN: legal impediment


ex: seller that does not have actual possession of the thing sold cannot transfer
constructive possession by public instrument to the buyer

b. symbolic delivery (traditio simbolica/clavium)

delivery that takes place by delivering the keys of the place or depository where
the movables is stored or kept

c. delivery by the long hand (traditio longa manu)

delivery of movable by mere consent/agreement

REQUISITE: the thing cannot be transferred to the possession of the vendee at the
time of sale

d. delivery by the short hand (traditio brevi manu)

the thing is already in the possession of the buyer even before the sale and
thereafter continues in possession

note: it only applies to movables

e. delivery by agreement of possessors (traditio constitutum possessorium)

contrary to brevi manu, even after the sale, the thing continues to be in possession
of the seller.

however, they are no longer the owner but that of another capacity such as
lessee (hiniram lang)

3. delivery of incorporeal property (quasi-traditio)

CHAPTER 4: OBLIGATIONS OF THE VENDOR 3

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