A tradição

Abstract

Through the study of delivery (traditio) in the various systems of the Roman-Germanic juridical family it is intended to define its conceptual limits, its effects and to show that the studied classification which involves the large systems of transmission of the right of property (i.e. the Roman, the French, the German and the Spanish, the latter studied to verify if it has a hybrid nature, tradition-consensus) though being apparently contradictory have more points of convergence that is yet believed and that they would be more efficient in the era of vertiginous technological transformations, of globalizing, of polarization of economy and the urban changes if their hybrid origin could be understood, in a lesser or large degree, to answer as well as possible to the necessities af the current juridical traffic. It is started from the supposition that there are no pure systems, that they are a mixture which harmonize heterodox principals. Therefore, it is required to make an inventory of them, the most important in the world currently, and then try to systematize the problems to be approached: a) the study of tradition (traditio) as the transference of property, that has acquired since Justinian I unusual importance; b) the tradition as a transmission of possession; c) the content of tradition; and d) the effects of tradition, particularly the effects of obligations in the solo consensu system and the effects of the constitutum possessorium in the tradition