Flashcards Studio

Scenario: A sells to B a collection of antique stamps (movable property). They execute a simple private bill of sale; B takes possession and begins to inventory and handle the stamps. They do not register the transfer with the Registry of Deeds. After six months, B asserts ownership by virtue of tradition and seeks to eject A. Unknown to them, there is a pre-existing and duly perfected chattel mortgage on the stamp collection in favor of Bank Zenith, evidenced by a public instrument and filed in the Registry of Deeds, which predates the sale. (a) State the doctrine of tradition and its scope. (b) Distinguish the rule for movables versus immovables with respect to transferring ownership. (c) Apply to the facts: who owns the stamp collection, and why? What are the implications for B’s possessory rights and for Bank Zenith’s registered mortgage?