TITLE
IN JURISPRUDENCE
Any fact that vests us with any right is called a title. Title
and rights both exist together. Every right is created from a title or any
source from which it is derived. A right cannot be acquired without any fact or
source. Thus there cannot be any right without a basis in a set of facts from
which it proceeds and where it has its root.
Types
of Facts
Investitive Fact
(Titles): Any fact that create any right.
Maam Zainab gifted me a property. Thus a right has been created which has given
me a title to get that property. The title that has been created by the
investitive facts is called the investitive title.
Types
of Title
The title is also called the investitive fact. Any fact that vests any right is a title.
Original: It
creates rights de noo.
Derivative: It transfers
an already existing right for instance title got through rent, lease, etc
Divestitive Fact: Any fact that extinguishes any right is called a divestitive
fact. A divestitve fact is either
extinctive or alienative. Extinctive facts are those that divest a right by
destroying it, whereas alienative facts are those that divest by transferring
it to another owner.
Vestitive Fact: It is a combination of both investitive and divestitive
facts. At the same time, a right is created and is extinguished. It is a mid a way between investitive and
divestitive. The vestitive fact if we
considered concerning the transferee is a derivative title, while from the
point of view of the transferor it is an alienative fact. For instance, the
purchase is a derivative title but sale is an alienative fact.
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