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Roman Law, Scots Law and Legal HistorySelected Essays$
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William Gordon

Print publication date: 2007

Print ISBN-13: 9780748625161

Published to Edinburgh Scholarship Online: September 2012

DOI: 10.3366/edinburgh/9780748625161.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 18 September 2021

Constitutum Possessorium☼

Constitutum Possessorium☼

Chapter:
(p.3) 1 Constitutum Possessorium
Source:
Roman Law, Scots Law and Legal History
Author(s):

William M Gordon

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748625161.003.0001

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

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