Question

Which of the following is an instance of constitutum possessorium?

• A. A lends car to B, later sells it to B
• B. A owns a car which is in immediate possession of B to whom A lends the car. Later A sells it to C
• C. A purchases car from B who hires out car, and allows B to use the car for hire
• D. None of the above

Hint:

Constitutum Possessorium: Physical possession stays with the seller, but legal ownership transfers to the buyer.
Traditio Brevi Manu: Physical possession is already with the buyer as a bailee, and then legal ownership transfers to them.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks us to identify a concrete example of the legal concept "constitutum possessorium" from the given options.

Step 2: Key Concepts and Approach:
"Constitutum possessorium" is a mode of constructive delivery of possession under civil law and general jurisprudence.
It occurs when the owner of a thing transfers ownership to another person, but continues to hold physical possession of the thing, now acting as a bailee, tenant, or hirer for the new owner.

Step 3: Detailed Explanation:

• Analyzing Option C: B is the original owner and possessor of the car. A purchases the car from B, meaning ownership transfers to A. However, B does not physically deliver the car. Instead, A hires the car back to B, allowing B to continue using it. B's status changes from owner-possessor to hirer-possessor. This is a classic example of constitutum possessorium.

• Evaluating Option A (Traditio Brevi Manu): Here, B already has physical possession as a borrower, and A later sells the car to B. B’s possession changes from a bailee to an owner. This is called "traditio brevi manu."

• Evaluating Option B (Attornment): This involves a third party (B) holding possession who is directed to hold it on behalf of the new owner (C). This is known as "attornment."

Step 4: Final Answer:
The scenario in Option C represents "constitutum possessorium." Therefore, Option C is the correct choice.