Tradition

contracts, in the civil law, is the act by which a thing is the delivery of possession by thé proprietor with an intention to trans. fer the property to the receiver. Two things are therefore requisite in order to transmit property in this way: 1. The intention or consent of the former owner to transfer it? and, 2, the actual delivery in pursuance of that intention. ‘Tradition is either real or symtbolical. The first is where the tpsa corpora of movables are put into the hands of the receiver: symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as rights of fishing and the like. The property of certain movables, though they are capable of real delivery may be transferred by symbol. ‘Thus, if the subject be under lock and key, the delivery of the key is considered as a legal tradition of all that is contained in the repository. Cujas, Observations, liv.

11, ch. 10; Inst. lib. 2, t. 1, 9 40; Dig. lib. 41, t. 1,1). 0; Ersk. Prine. Laws of Scot]. bk. 2, t. 1, s. 10, 11; Civil Code Lo. art. 2452, et seq.

Inthe common law the term used in the place of tradition is delivery, (q- Vv»)