The document discusses the concept of titles in law. It defines a title as a link between a person and an object or property that serves as evidence of right of ownership. It notes that every right arises from a title, with a title being the facts that the law uses to confer a specific right to a person. The document then reviews different scholars' perspectives on whether title should be considered an element of right or the source from which rights originate. It also presents classifications of titles and facts related to rights.

1. {
TITLES
NAME: AKSHATA. S. RANE
ROLL NO: 160026
T.Y.B.A.LL.B

2.  Title – mark, sign
 Link between a person & an object/property.
 Further became – evidence right of ownership
 Every right arises from a title.
 Law confers a right upon a person because of certain
rights which are true for him but not regards to others
– these facts - title of that right – person owning a car
 Title de facto antecedent of which the right is de jure
consequence.
 A person claims a right because of a particular title or
fact – negligent driving.
 Roman word – titulus
 Right can be inborn or acquired – but there has to be
some basis of fact from which it takes root.

3.  Salmond : 5th element of right. Pg. 196
 Austin: title not right itself but merely an element of right
 – title - right
 Holland: doesn’t’ accept title as element of right – title is source
from which right originates
 Bentham : criticized Salmond’s definition – further widens term
‘title’ – should include facts by which rights and duties are created
but also destroyed – changing of river course from A’s land to B’s
land.
 Justice Holmes- right is consequence attached by law to one or
more facts which law defines – special right – special facts
No
Salmond, Austin
Yes
Holland
Investitive
fact
Power conferred on a
person founded on title
Right = title

4.  Title : lawful mode of acquisition - Jural claim to
have and hold
 CLASSIFICATION: Salmond - Bentham
 facts ? - Physical – purchasing a car.
- psychological – mental condition –
intention to commit theft.
 Sub – divided – acts – movements of will
- events – involuntary happening

5. Vestitive Facts
(Titles)
Investitive Facts Divestive Facts
Original
titles
(CREATION
)
Derivative
titles
Alienative
facts
Extinction facts
(DESTRUCTIO
N)
TRANSFER OF
RIGHTS

6. BENTHAM’S
CLASSIFICATION
Dispositive facts
Collative
facts
Investive
facts
Impositive facts
Divestive facts Translative
facts
Destructive
facts
Exonerative
facts

7.  Acts in the Law – voluntary facts – create,
transfer extinguish rights – express will of the
parties.
 Unilateral & Bilateral
 – one party whose will is operative- revocation of
settlement
 - consent of two parties - Agreements
 Acts of the Law – creation, transfer &extinction of
right by operation of law.

8.  Agreements
 Importance – rights and duties originate in agreements
 - evidence of right
 - they guarantee to men the fulfillment of their
reasonable expectations.
 Kinds:
1. Contracts: among parties in personam
2. Grant: creates a right other than contractual right. Grant of lease.
3. Assignment: transfers rights.
4. Release: extinguishes a right. Discharge, surrender.
Valid Agreements
Invalid Agreements
Void Agreements
Voidable Agreements