Constitutum Possessorium<sup>☼</sup>

William M Gordon

in Roman Law, Scots Law and Legal History

Published by Edinburgh University Press

Published in print October 2007 | ISBN: 9780748625161
Published online September 2012 | e-ISBN: 9780748671571 | DOI:
Constitutum Possessorium☼

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Argues that constitutum possessorium or possessory agreement, under which the current owner/possessor agrees to hold property under a new title such as usufruct, was recognised by classical jurists in appropriate cases as a means of transferring possession and ownership without actual delivery. Attacks on the texts which appear to recognise it, alleging interpolation, are unjustified. There are few texts because there were alternative means of transferring ownership and the Compilers by specifically recognising retention of a usufruct as a means of transfer made it unnecessary to labour the obvious.

Keywords: Constitutum possessorium; Possessory agreement; Transfer of ownership; Interpolations

Chapter.  7570 words. 

Subjects: History of Law

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