Abstract

BRITO-VILLAGRAN, Stalin Paúl; CHACON-GOMEZ, Nayibe Eloina  and  CASTRO-SANCHEZ, Fernando de Jesús. Legal issues and consequences in the transfer of a vehicle with retention of title. Noesis [online]. 2025, vol.7, n.esp1, pp.1651-1665.  Epub Nov 30, 2025. ISSN 2739-0365.  https://doi.org/10.35381/noesisin.v7i1.524.

Retention of title does not constitute a simple charge or encumbrance, but rather a legal recognition of the seller's ownership. The buyer of goods subject to retention of title lacks dispositive powers, which prevents their voluntary disposal while this condition remains in force. In the context of seizure, the vehicle cannot be seized, as it does not legally belong to the buyer. This concept originates in tradition as a means of acquisition, conceived in classical Roman law as delivery based on a transfer agreement. This concept was preserved by medieval jurists, incorporated into European common law and the Castilian code of the Partidas, from where it was transferred to the Spanish Indies. Based on this historical and conceptual evolution, the article analyzes the legal issues that arise in the transfer of vehicles subject to retention of title, especially in contexts of enforcement.

Keywords : Sales contract; property; transfer of goods; motor vehicles; contractual obligations..

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