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Traditio Longa Manu
Traditio Longa Manu
= A species of delivery which takes place where the transferor places the
article in the hands of the transferee, or, on his order, delivers it at his house
(EXAMPLE: i give to you the umbrella that you bought from me)
TRADITIO BREVI MANU = Delivery with short hand. A species of constructive
or implied delivery. When he who already holds possession of a thing in
another's name agrees with that other that thenceforth he shall possess it in
his own name, in this case a delivery and redelivery are not necessary.
(EXAMPLE: you are renting a house & lot, thereafter you bought that same
house you are renting. There is no need to deliver it to you coz you already
hold the house and lot, although in the capacity of an "owner" now and no
longer a "lessee".)
Traditio Longa Manu- by mere consent /agreement. If the movable sold
cannot yet be transferred to the possession of the buyer at the time of the
sale. (1499)
Traditio Brevi Manu- if the buyer had already the possession of the object
even before the purchase. (lessee becomes owner )
TRADITIO CONSTITUTUM POSSESSORIUM = Continues possession. Here the
seller, after the sale, retains possession of the article acting as agent on
behalf of the buyer.
(EXAMPLE: you buy from me a night gown for you to use in your Christmas
party. you don't take the gown with you, you still leave it with me and I
continue to have possession of the gown so that I can alter or change the
measurement of the gown to fit your vital statistics.)
Obligation a juridical necessity to give, to do, or not to do.
A juridical relation whereby a person (creditor) mat demand from another
(debtor) the observance of a determinate conduct, and in case of breach may
obtain satisfying from the assets of the latter.
Quasi-contracts- Those juridical relations arising from lawful, voluntary and
unilateral acts, by virtue of which the parties become bound to each other
based on the principle that no one shall be unjustly enriched or benefited at
the expense of another.
Negotiorum gestio arises whenever a person voluntarily takes charge of
the agency or management of the business or property of another without
any power or authority from the latter.
Solutio Indebiti arise when a person unduly delivers a thing through
mistake to another who has no right to demand it.
Quasi delicts An act or omission by a person (torteasor) which causes
damage to another giving rise to an obligation to pay for the damage doner,
there being fault or negligence but there is no pre-existing contractual
relation between the parties (art 2176).