Thoughts on the transfer of right of ownership prior to the first Brazilian Civil Code

Abstract

The present study analyzes the modes of acquiring the ownership of property as well as transfer of ownership rights. In the first place, based on a compilation of textbooks’ lessons in Roman Law, the text discusses and establishes propositions regarding both the (i) modes of acquiring ownership of property in this system, which include mancipatio, traditio and in iure cession; and (ii) the predecessor of purchase and sale agreements. Later, the study presents a transcript of (i) portions of ancient Portuguese law (including Ordinações Filipinas, Afonsinas e Manuelinas); as well as (ii) written propositions for the Brazilian Civil Code by Augusto Teixeira de Freitas (Consolidação das Leis Civis and Esboço do Código Civil. Based on these transcripts, along with an analysis of works of some 19th century Portuguese and Brazilian scholars (namely, Coelho da Rocha, Trigo de Loureiro and Lafayette), the study shall draw conclusions as well as seven hypothetical inferences regarding traditio and purchase and sale agreements.