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transfer of ownership - Coggle Diagram
transfer of ownership
Delivery: movable property
delivey with long hand
here the merx is simply pointed out to the purchaser and made available to them.
symbolic delivery
the merx itself is not delivered but rather an instrument which enables the purchaser to control the merx.
Constitutum Possessorium
here the seller retains the merx but no longer as owner. the selle then holds the merx on the behalf of the purchaser.
actual delivery
this takes place by the seller physically delivering the merx to the purchaser.
deliver with short hand
here the merx is already in the posssession of the purchaser. as soon as both of the intentions of the parties change to show the purchaser is the new owner, then transfer takes place.
Requirements for successful transfer
the intentions of both parties must be to have ownership of merx be transferred from the transferor to the transferee.
the transferor must deliver the merx to the transferee. in the case of immovables this takes place through registration.
the transferor must be able to transfer the right of ownership to the transferee/ the transferor must be the owner( according to roman dutch law, a person may not transfer more rights than they actually have).
purchase price must be paid/ credit must be granted/ security must be given for payment.
Registration: immovable property
the seller of the immovable property must be the owner of it.
for contracts of sale, the purchase price must be paid by the purchaser.
both parties must intend that ownership be transferred to the purchaser.
transfer of ownership of immovables takes place when the transfer is registered in the deeds office.
transfer takes place by way of delivery of a movable or the registration of a immovable in the deeds office.