Ways of Effecting Constructive Deliver

a. Execution of public instrument/ Legal Formalities (1498, par. 1)

-both movable and immovable
b. Symbolical or traditio symbolica/clavium (1498, par. 2)
- only to movable
C. Traditio longa manu - (1499) PAREVO
only to movable
d. Traditio brevi manu - (1499)
e. raditio constitutom possessorium (1500)
Quasi-Traditio Delivery (1501 What is covered? Incorporeal things
1. By the execution of public instrument
2. When that mode of delivery is not applicable, by the placing of titles of ownership in the possession of the vendee
3. By allowing the vendee to use his rights as new owner with the consent of the vendor
Nemo Dat Quod Non Habe
GR Nobody can dispose of what he does not Own/ Nobody gives what they don't have Exception
PROGMAVA
P-Precluded/Estoppel
M-Merchant's store
R-Registration/Recorded
A Agent
O-Order of the Court
V-Voidable title
G-Guardian
A - subsequently Acquired

SPECIFIC INSTANCES
Unlawfully Deprived/Pledge-RECOVERY-YES
REIMBURSEMENT-NO
PUBLIC SALE- RECOVERY-YES
REIMBURSEMENT-YES
MERCHANTS STORE- RECOVERY-NO
REIMBURSEMENT-NOT ALLOWED
Documents of Title (15071520)
Nature and functions
1. Receipt of goods
2. Evidenceof transfer of title/ possession of goods
Most common forms- bill of lading, dock warrant, warehouse receipt, quedan, letter of credit
**WHOEVER IS IN THE BILL OF LADING IS THE OWNER OF THE GOODS
Classes of Documents of Title
(1) Negotiable Documents of Title
e.g. Deliver to B or order
Deliver to B or bearer
(1) Non-Negotiable Documents of Title Deliver to B
Negotiable Instrument -"Pay" to B or order

How transterred?
1. If Negotiable BY Negotiation
Order Indorsement plus delivery
Bearer-mere delivery
 2. If Non-negotiable – Assignment
1508- Bearer(negotiated by delivery)
1509-Order (negotiated by indorsement + delivery)
1510-Negotiable marked "non-negotiable"
1511-Non-negotiable (by assignment)
1512-Persons who may negotiate (0wner/ Agent
1513-Rights of the person to whom document has been negotiated (3)
1514-Rights of the person to whom document has been transferred (3)
1515-Transferof order document without indorsement

1516-Warranties on sale of documents (4)

1517-Indorser not a guarantor

1518 Negotiation not impaired by fraud, mistake, duress, etc.

1519- Attachment or levy upon goods covered by negotiable document (unless surrendered /enjoined)

1520- Creditor's remedies to reach negotiable documents (injunction/ attachment)

Place of Delivery (1521)

1. Agreement/ Stipulation
2. 2. If none, Usage of trade
3. 3. If none, seller's place of business
4. 4. If none, seller's residence

In case of specific goods, in the absence of agreement or usage of trade to the contrary- when the contract or the sale
was made were in Some place

Delivery of Goods (1522) Less than, More than, Mixed 1493 v.1522

Less than (Reject them or Accept Retain

Larger (Accept and reject the rest / If he accepts)

Mixed (Accept and reject the rest / if he accepts

If indivisible(larger/mixed) the buyer may reject the whole of the goods

Delivery to the carrier is deemed delivery to the buyer (1523)

Who pays for expenses of delivery?

COD - buyer

CIF seller

FOB at the place of shipment buyer

FOB alongside the vessel- buyer

FOB at the place of destination – seller

Sale is Reciprocal

GR-Delivery is simultaneous with the payment of the price (Reciprocal)

Exception - not reciprocal

(1) Buyer has not paid the price

(2) If no period for payment has been fixed

(3) If buyer lost the benefit of the period (1536)

See 1198

Unpaid Seller (1525-1535)

1525-Who is the unpaid seller?

1526-Rights of the unpaid seller

(1) Possessory lien or right to retain

(2) Right of stoppage in transitu

(3) Right of resale

(4) Right to rescind