Title.docx

TITLE DEFINITION AND NATURE OF TITLE: Titulus of Roman law 1. Title Titre of French law 2. According to Salmond, title is the fifth element of a legal right. He said “Every legal right has a title, that is to say, certain facts or events by reason of which the right has become vested in its owner.” 3. Holland does not include title as an element of legal right. A tendency is noticed towards the identification of title with right. Austin also does not approve of the use of title for right. His contention is that, title is not the right itself but merely an element of right. 4. Legal rights are created by title. A person has right to a thing because he has a title to that thing. Title means any fact which creates a right or duty. 5. According to Salmond, “The title is the de facto antecedent of which the right is the de jure consequent.” Title is the root from which rights proceed. CLASSIFICATION OF TITLES: I)SALMOND: Vestitive facts Investitive Divestitive Original Derivative Alienative Extinctive CREATION DESTRUCTION TRANSFER 1. Vestitive facts are those which have relation to right. They relate to the creation, extinction and transfer of rights. · Investitive facts create them and · divestitive facts destroy them. 2. The main features of Vestitive facts are that they create either a right or extinguish it or transfer it from one person to another. 3. The Vestitive facts are classified into two parts – investitive facts or titles and divestitive facts. 4. Titles are also called investitive facts or facts as a result of which a right comes to be vested on its owner. Investitive facts or titles are further divided into original titles and derivative titles. 5. Original title - A right may be created de novo and it may have no previous existence. Such a right is called an original title. Derivative title - If a right is created by the transfer of an existing right, it is called a derivative title. 6. Divestitive facts are divided into alienative facts and extinctive facts. 7. Extinctive divestitive facts- The facts of which the legal result is to destroy rights are called extinctive divestitive facts. Alienative derivative facts-The facts of which the legal result is to transfer right from the owner are called alienative derivative facts. 8. It is to be noted that in the case of a transfer of right, the same facts are derivative investitive facts and alienative divestitive facts. II)BENTHAM:

1. Dipositive facts can be divided into three parts – investitive facts, divestitive facts and translative facts. 2. Translative facts refer to transferring of rights and duties. 3. Investitive facts are divided into two parts – collative and impositive facts. · Collative facts- confer rights and · Impositive facts- impose duties. 4. Divestitive facts are subdivided into – destructive and exonerative facts. · Destructive divestitive facts ends rights and · Exonerative divestitive facts release a person from duties. Dispositive facts Investitive Divestitive Translative Collative Destructive Impositive Exonerative ACT IN THE LAW 1. Acts in the law are really the acts of parties performed voluntarily. These facts create, transfer and extinguish rights. They express the will of the parties. 2. Acts in law are of two kinds – unilateral and bilateral. 3. Unilateral acts are those in which the will of onlt one party is effective or operative. The transaction is perfectly valid even without the consent of the parties who are going to be affected. E.g. Avoidance of voidable contract 4. Bilateral acts require the consenting will of two or more distinct persons or parties. E.g. Contract. 5. It is to be observed that the same act in law may be unilateral with regard to some parties and bilateral with regard to others. KINDS OF AGREEMENTS 1. There are three kinds of agreements broadly. Some of them create rights, some transfer and some extinguish them. 2. Create rights: Contracts – legal tie of a personal right and binds the parties · Two kinds Grants – rights other than contractual rights are created. · According to Salmond, contracts are bilateral but there are some unilateral contracts as well. Contracts are unilateral when a promise is made by one party and accepted by the other. 3. Transfer rights - Agreements which transfer rights are called assignments. 4. Extinguish rights – Agreements which extinguish rights are known as releases. VALIDITY OF AGREEMENTS: 1. Salmond points out many defects which makes agreements invalid. The first is capacity of parties. 2. Certain legal formalities have to be fulfilled and if they are not fulfilled the agreement becomes invalid. 3. Agreements against morality or public policy. 4. Error or mistake in agreement. 5. Agreement without due consent of parties is invalid. 6. Lack of consideration makes agreement invalid