Search Results for: CONSTITUTUM

brevi manu

brevi manu (bree-vIman-yoo), adv. [Latin “with a short hand”] Roman & civil law. 1. Directly; by the shortest route. 2. Without a legal warrant; on one’s own authority. • In Roman law, the term referred to the contractual transfer (traditio) of ownership of an item to one who already had physical control of the item.

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constructive delivery

constructive delivery 推定交付;拟制交付 指由于实际交付困难或不可能实际交付等原因,只是象征性地将财产的所有权交付受让人。推定交付为法律所认可,如提单或仓单的交付相当于货物交付,交付保险箱的钥匙推定为交付了保险箱。 (→attornment; constitutum possessorium; traditio brevi manu; delivery)

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traditio brevi manu

traditio brevi manu (tr[schwa]-dish-ee-oh bree-vIman-yoo). [Latin] Roman law. The surrender of the mediate possession of a thing to the person who is already in immediate possession of it. • This is a type of constructive delivery in which a delivery to the mediate possessor and redelivery to the immediate possessor are unnecessary. See BREVI MANU.

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unwritten law

Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum.

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attornment

attornment ([schwa]-t[schwa]rn-m[schwa]nt), n. 1. A tenant’s agreement to hold the land as the tenant of a new landlord. [Cases: Landlord and Tenant 15. C.J.S. Landlord and Tenant §§ 21–22, 277, 279.] 2. A constructive delivery involving the transfer of mediate possession while a third person has immediate possession; esp., a bailee’s acknowledgment that he or

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longa manu

longa manu (long-g[schwa] man-yoo), adv. [Latin “with a long hand”] Roman & civil law. Indirectly; by the longest route. • This described the transfer of ownership by pointing out, at some distance, the thing to the transferee and authorizing its taking. This could be done, for example, by handing over the keys at the door

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unwritten law

unwritten law. Law that, although never enacted in the form of a statute or ordinance, has the sanction of custom. • The term traditionally includes caselaw. — Also termed jus non scriptum; jus ex non scripto; lex non scripta; jus moribus constitutum. “[T]he very words of the court promulgating the opinion and making the decision

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