What means by Titles
Every right involves a title source from which it is derived. The title is the de facto antecedent of which the right is the de jure consequent.
Titles are of two kinds – Original or Derivative. Original titles are those that creates a right de novo, where derivative titles are those that transfer an existing right to anew owner. Thus, a fisherman catching fish is an instance of an original title of the right of ownership, as before him, the right did not exist in anyone else. However, when the fisherman sells such fish, the buyer acquires a derivative title. In legal theory, no new right is created. The right which is acquired by the purchaser is identical to the lost by the fisherman, the vendor.
Facts establishing titles are three kinds
- Vestitive
- Investitive
- Devestitive
Vestitive fact is one which determines positively or negatively, the vesting of a right in its owner. It is one which either creates or destroys or transfers rights. If A gifts a house to B, A rights to ownership in the house is devested, which right vests in B. These two are thus what Salmon calls vestitive facts, although Bentham prefers the term dispositive facts.
Get a Legal Service from us - Ask for a Service
Back to HOME
More Legal Terms, Meanings and Explanations
The information on this website is made available for general informational purposes only and should not be considered as legal advice. We attempt to keep the information so posted in this site, up to date and correct, but we make no representations or warranties of any kind, express or implied, about the comprehensiveness, accuracy or consistency with respect to the information contained herein. Any reliance you place on such information is therefore strictly at your own risk.
People receiving information on this web site should not act upon the information provided without seeking professional legal advice. Any exchange of information on this web site does not constitute an attorney-client relationship.
The copyright with regard to the website and its content, vests with www.bizandlegis.com – © www.bizandlegis (2011). All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Get a Legal Service from us - Contact