HANDOUT NO.

6S

KINDS OF DELIVERY
1) Actual or Real (Art. 1497 NCC)

2) Legal or Constructive

a) legal formalities (Art. 1498 NCC)

b) traditio symbolica or symbolical tradition (Art. 1498, par. 2NCC)

e.g. delivery of the key of the place where the movable sold
is being kept

c) Traditio Longa Manu – by mere consent or agreement (Art. 1499 NCC)

d) Traditio Brevi Manu (Art. 1499 NCC)

e) Traditio Constitutum Possessorium (Art. 1499 NCC)

3) Quasi-Tradition – delivery of rights, credits or incorporeal property, made by:

a) placing titles of ownership in the hand of the buyer; or

b) allowing the buyer to make use of the rights (Art. 1501, NCC)

Pactum Reservati Dominii – Stipulation, in sale by installment plan, whereby,

despite delivery of the property sold, ownership is still with the seller until full
payment of the price is made.

Transactions “on sale or return” – sale with resolutory condition; buyer has
option to return the goods instead of paying the price, ownership is vested to
buyer upon delivery but he may revest title to seller by returning within the period
fixed.

Transactions “on approval or on trial or satisfaction” – ownership passes to

buyer when he signifies his approval or, if he does not but retains the goods
without rejection, upon the expiration of the time fixed.

Sources: Pre-Week Memory Aid In All Bar Subjects, Garcia-Gracia, 1997 Edition
The Law on Sales, Agency and Credit Transactions, Hector De Leon
Civil Code of the Philippines, Book No. V, Edgardo Paras, 1995 Edition

A. Villegas