Also known as: tradition · traditions · delivery
Written by attorneys · grounded in primary & secondary sources — see below
A method of transferring ownership of property in Roman law through the physical or constructive delivery of the item by the transferor to the transferee accompanied by the requisite intent to pass title.
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Travis Tate contracted to sell his lakeside cabin to Tiana Tan. Before the closing date, a storm damaged the roof. Travis delivered the signed deed to Tiana with the clear intent to transfer ownership. Under the governing rule, Tiana bore the loss because the delivery completed the transfer of equitable ownership.
Tanya Tang was named trustee of a family trust holding investment accounts. She accepted delivery of the account statements and began directing distributions to beneficiaries. That delivery and subsequent exercise of control established her acceptance of the trusteeship.
Tori Taylor sold industrial parts to Theodore Tucker but Tucker failed to pay on delivery. Taylor instructed the carrier to halt further shipments. The stoppage prevented additional goods from reaching Tucker and limited Taylor's exposure to further loss.
Timothy Tang died leaving a vacation home and vehicles. The appointed personal representative demanded delivery of the keys and title documents from the presumptive heirs. The representative thereby obtained possession needed for proper administration of the estate.
Terra Financial received a recorded deed conveying waterfront lots. The public record established both the content of the original conveyance and the fact of delivery by the grantor who signed it. That record was offered to prove the transfer occurred.
Titan Industries provided free legal services to a community group defending public access rights. The firm delivered the completed pleadings and advice at no charge because standard fees would have depleted the group's limited resources.
Traditio requires both physical or constructive delivery of the property and the transferor's intent to pass title to the recipient.
Supporting sources
Traditio originated with movables but was later extended to land through constructive delivery mechanisms.
Supporting sources
Mere transfer of possession lacks the accompanying intent to pass ownership that distinguishes traditio.
Supporting sources
…commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission…