CARMEL ANDRAE CRUZ

BSBA- MANAGEMENT

WHAT IS DELIVERY?

- The formal act of transferring a deed or the giving or yielding possession or

control of something to another is called delivery. Delivery may be in the form of

words or acts. A delivery can be either absolute or conditional.

KINDS OF DELIVERY

1. ACTUAL OR REAL – Thing sold is placed under the physical control and possession

of buyer/agent.

2. CONSTRUCTIVE or LEGAL – Does not confer physical possession of the thing, but

buy construction of law, is equivalent to acts of real delivery

Requisites:

a. The seller must have control over the thing;

b. The buyer must be put under control;

c. There must be intention to deliver the thing for purposes of ownership.

i. Traditio Simbolica – delivery of certain symbols representing the thing.

Example: Delivery of keys of a house

ii. Traditio Longa Manu – Delivery of thing by mere agreement; when seller points

to the properly without need of actually delivering.

iii. Tradicion Brevi Manu – the buyer, being already in possession of the thi9ng

sold due to some other cause, merely remains in possession after the sale is

effected, but now in concept of owner. e.g. From lessee to becoming an owner

iv. Constitutum Possessorium – the seller remains in possession of the property

in a different capacity. e.g. From owner to lessee

3. QUASI-TRADITIO – Delivery of rights, credits or incorporeal property, made:

a. When sale is made through a public instrument

b. Placing titles of ownership in the hands of the buyer;

c. Allowing buyer to make use of rights.

4. TRADITIONAL BY LEGAL FORMALITIES

Execution of a public instrument is equivalent to delivery. But to be effective, it is

necessary that the seller have such control over the thing sold that, at the moment of

sale, its material delivery could have been made.

General Rule: There is presumption of delivery

Exception:

a. Contrary stipulation;

b. When at the time of execution, subject matter was not subject to control of seller;

c. Seller has no capacity to deliver at time of execution;

d. Such capacity should subsist for a reasonable time after execution of instrument.