Ownership right transfer by tradition and property contract

Vol.1,No.1(1993)

Abstract
The article deals with transfer of ownership right by tradition and with property contract. Here tradition is not understood as mere physical handing over of the thing, but as a real ownership transfer contract, as a legal act by two parties, which is characterized by the fact that will is shown by physical handing over of the thing. The tradition can be realized eitber without a preceding obligation contract, as e.g. in case of a gift "from band to hand", or it can be realized as a performance following from an obligation contract by which the transferor is bound to transfer the ownersbip to the transferee; in that case the tradition is also a solution contract. The article revives tbe concept "property contract' used in the Czech jurisprudence up to the middle of the twentieth century and shows that this concept is stili valid. The consequence of a property contract is an immediate change in ownersbip relations, whereas obligation contract only binds the parties to realize this change by a following act (or to provide another performance).

Pages:
93–104
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