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Concept of Title TP03

The document discusses the concept of title in legal terms, defining it as the facts that create rights or duties. It classifies titles into various categories, including vestitive, investitive, and divestitive facts, and emphasizes the importance of agreements in creating, transferring, and extinguishing rights. Additionally, it outlines the validity of agreements and concludes that a title represents legal ownership of both tangible and intangible assets.

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40 views9 pages

Concept of Title TP03

The document discusses the concept of title in legal terms, defining it as the facts that create rights or duties. It classifies titles into various categories, including vestitive, investitive, and divestitive facts, and emphasizes the importance of agreements in creating, transferring, and extinguishing rights. Additionally, it outlines the validity of agreements and concludes that a title represents legal ownership of both tangible and intangible assets.

Uploaded by

skylark2505
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

CONCEPT OF TITLE

INTRODUCTION
◦ “TITLE”
Titulus – Roman
Titre - French
Title means any facts which creates a right or duty.
According to Salmond title is the fifth element of legal right. “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.
Legal rights are created by title. A person has a right to a thing because he has a
title to that thing.
Classification of Titles
◦VESTITIVE FACTS

INVESTITIVE FACTS DIVESTITIVE


FACTS

Original titles Derivative titles Alienative facts


Extinctive facts
DISPOSITIVE FACTS

Investitive Divestitive
Translative

Collative Impositive Destructive Exonerative


◦ According to another classification, Vestitive facts are divided into two categories.
◦ Acts of the law
◦ Acts in the law
◦ Acts in the law are further divided into:
◦ Unilateral acts
◦ Bilateral acts
◦ Bilateral acts or agreements are four kinds:
◦ Contracts
◦ Grants
◦ Assignment
◦ Releases
Act in the Law
◦ They are the acts of the parties performed voluntarily. They create, transfer and
extinguish rights.
◦ Expresses the will of the parties.
◦ Unilateral acts and Bilateral acts
◦ Unilateral acts are those in which the will of only one party is effective or operative.
◦ Bilateral acts require the consenting will of two or more distinct persons or parties.
Importance of Agreements
◦Agreement between parties have great importance.
◦They create rights and liabilities also they are evidence.
◦Agreements are enforced by courts.

KINDS OF AGREEMENTS
◦ Three Kinds
1. Agreements which creates rights: Contracts & Grants
2. Agreements which transfer rights: Assignments.
3. Agreements which extinguish : Releases.
Validity of Agreements
1. Incapacity of parties.
2. Legal formalities are not fulfilled.
3. Declared invalid by law.
4. Account of error or mistake.
5. Consent of parties is obtained by means of compulsion,
undue influence and coercion.
6. No consideration.
Conclusion
◦A title is a document that shows legal ownership of a property
or asset. A title can represent ownership of a real asset such
as a car or an intangible property or asset such as a
trademark.

◦A title might show ownership of property rights of an individual


or business, which is the ownership of resources whether
they're tangible (physical in nature) or intangible. Titles can be
obtained by purchased or inherited as an estate.

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