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Title acts and events 1
- 2. The term“Title” is derived from the term Titulus of Roman Law and Titre of French Law. Legal rights are created by title. A person has a right to a thing because he has a title to that thing. According to Salmond, Title is the Fifth essential element of legal right, apart from first Four the person of Inherence, the person of incidence, content of right and subject matter.
- 3. Every rightincludes privileges, powers and immunities and involves a title or source from which it is derived. Moral rights are grounded in moral reasons, legal rights derive from the laws of the society, customary rights exist by local convention. E.g- Employees Liability Act-1880 of England.
- 4. Holland doesn'taccept the contents given by Salmond as Title as the fifth element of legal right. He said that title is that source from which a right originates. According to Austin, title is not the right itself but it is merely an element of right. Title in or over a land will depend upon the statutory provisions. A title doesn't remain in vacuums. Aurangabad Car case
- 5. Title hasto be determined keeping in view the law operating in the field viz religious, statutory law or customary law. In Indian Forest Act from sec 14 to 18 talk on considering the right of the tribal people before declaring any land as Reserved Forest. If we compare the views of all Three jurists, which one is more appropriate in your views? Why?
- 6. Titles areof two kinds, original or derivative. Original titles are those which create a right de novo and derivative titles are those which transfer an already existing right to a new owner. E.g- Catching of a fish is a original title of the right of the ownership, whereas purchase of them is a derivative title.
- 7. Facts establishingtitle are of Three kinds. 1) Vestive 2) Investive. 3) Divestitive. Vesting fact is one which determines, positively or negatively, the vesting of a right in its owner. They relate to the creation, extinction and transfer of right.
- 8. If Igive my house to you, my right in the house is divested to you, that is my right is destroyed and yours is created. Is this statement is absolute? According to Bentham, the facts which cause the loss of rights may be called Divestitive facts and the facts which confer rights are called investitive facts. Divestitive facts are of two types. Extinctive and alienative.
- 9. Extinctive factsare those which divest a right by destroying it while alternative facts divest a right by transferring it to some other owner. An Acts in the law are the act of the parties performed voluntarily. These facts create, transfer and extinguish rights. They express the will of the parties. Acts in the law are of two types, unilateral and bilateral. Unilateral acts are those in which the will of only one party is effective or operative.
- 10. The transactionis perfectly valid even without the consent of the parties who are going to be effected. For example, avoidance of the voidable contract, the Will. The consent of the persons in whose favour the Will is executed is not necessary. Bilateral acts require the consenting will of two or more parties is required.
- 11. 1) Validagreements. 2) Void agreements. According to Salmond, a void agreement is one which entirely fails to receive legal recognition or sanction. 3) Voidable agreements. A voidable agreement stands mid-way between valid and void agreement. 4) Illegal agreements.
- 12. 1) incapacity. 2) Informality. ( Simple and formal) 3) Illegality. 4) Error or mistake. 5) Coercion 6) Want of consideration.
- 13.