This is a phrase that my professor mentioned in class and sort of defined, but not really. She gave a sort of example of when you have it, but not exactly what it means. If I combine her example with my legal dictionary, I appear to get conflicting results. This troubles my outline-creating self.
Shockingly, traditio manu brevi appears to be missing from my trusty Gilbert's.
If it helps, it appears to be related to attornment and constitutum. At least, I think it is related because she talked about them all at the same time and the other two, which I do understand, are types of constructive gift delivery.
Doesn't constitutum sounds like some sort of horrid wasting disease? Or perhaps some gross bodily fluid that medical students study?
Many thanks.
T.
5 comments:
http://lysy2.archives.nd.edu/cgi-bin/words.exe?traditio+brevi+manu
give that a shot... always helps to get the root latin and then apply it to the context. Has helped me through many a reading.
Cheers,
Chris
Just here shuddering at the idea of outlines and, er, Latin.
:-)
Thanks, guys!
Chris, that's a great link. I think I found the source of my confusion: either the professor gave a bad example or I wrote down the example incorrectly in my notes. Either way, what she gave wasn't really an example of traditio brevi manu. I'll go to office hours to clear it up.
I love the legal hive mind. :)
I have never heard this phrase, not through 3 years of law school and a year of practice, but Black's Law Dictionary on Westlaw defines it as "The surrender of the mediate possession of a thing to the person who is already in immediate possession of it."
Thanks, that's very helpful! I think that basically it's when you give somebody an item to hold, then you make a gift of that item. You don't have to go through the little exercise of handing it back and forth to make sure delivery happened to meet the gift requirement. At least, that's what I think it means.
I am not surprised my professor uses a term nobody else has heard of. ;-)
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