CONSTITUTUM POSSESSORIUM

constitutum  possessorium  (kon-sti-t[y]oo-t<<schwa>>m pah-ses-sor-ee-<<schwa>>m). [Latin “possessory agreement”] Roman law. 1. A type of constructive delivery in which mediate possession is transferred while the immediate control or custody remains in the transferor. 2. The agreement by which this transfer is brought about. • In the context of a security interest, the pledged property may remain in the possession of the debtor, but as bailee of the creditor. For the other two types of constructive delivery, see ATTORNMENT; BREVI MANU. — Also termed traditio longa manu (tr<<schwa>>-dish-ee-oh long-g<<schwa>> man-yoo).

“[Another] form of constructive delivery is that which the commentators on the civil law have termed constitutum possessorium…. Any thing may be effectually delivered by means of an agreement that the possessor of it shall for the future hold it no longer on his own account but on account of someone else…. [I]f I buy goods from a ware-houseman, they are delivered to me so soon as he has agreed with me that he will hold them as warehouseman on my account. The position is then exactly the same as if I had first taken actual delivery of them, and then brought them back to the warehouse, and deposited them there for safe custody.” John Salmond, Jurisprudence 306 (Glanville L. Williams ed., 10th ed. 1947). [Blacks Law 8th]