Titles

TITLES
DEFNITION
• The term title is derived from term TITULUS of Roman law and TITRE of French
Law.
• SALMOND; title is the fifth element of the 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’’.
• ‘’ A title is the de facto antecedent of which the right is the de jure consequent’’.
• AUSTIN; does not approve of the use of title for right. His contention is that title is
not right itself but merely an element of right.
• He opines that title indicates the idea of an investitive fact, right is power, faculty
or capacity conferred on person and is founded in the title.
• Legal rights are created by title. A person has right to a thing because he has a title
to that thing.
• According to Justice Holmes; ‘’ Every right is a consequence attached by the law to
one or more facts which the law defines and wherever the law gives any one
special right, not shared by the body of people , it does so on the ground that
certain special facts, not true of the rest of the world are true to him’’. It is these
special facts which constitute the title.
• Title means any facts which creates right or duty.
• Title is the root from which the rights proceed.
VESTITIVE FACTS
• Vestitive facts is the term which lie midway between investitive and divestitive.
• Divest means to remove or relieve of .
• Invest means to grant or give.
• Vestitive means one that can either take away or give rights.
• Title and rights go hand in hand. Every right including privileges, powers, and
immunities are based upon title. There can be no right without a basis in a set of
facts from which it proceeds and where it has its roots. Whether a right is inborn or
acquired.
DIVESTITIVE FACTS AND INVESTITIVE FACTS
• Facts come into being that either create rights or destroy rights.
• Facts that cause the loss of rights are called divestitive facts. They are either
extinctive or alienative.
• EXTINCTIVE FACTS are those that divest a right by destroying it.
• ALIENATIVE FACTS are those that divest a right by transferring it to another
owner.
• Facts that confer rights are called investitive facts.
• In law, the term used for investitive facts is title.
TWO KINDS OF TITLE/ INVESTITIVE
FACTS
1. ORIGINAL ; Original titles create rights de novo.
2. DEREVATIVE ; they transfer an already existing right to a new
owner.
In each case the facts which vests the right is a title.
In a single case facts are derivative as well as alienative . Its how it
is looked upon.
Facts if looked from point of view of transferee are derivative title,
while from the view of transferor it is an alienative fact.
ACTS ; VOLUNTARY AND INVOLUNATRY
• Vestititive facts whether divestitive or investitive are of two types.
1. Voluntary ; also known as act in law , where there is manifestation or
declaration of the will of the party. e.g. contracts.
2. Involuntary ; also known as acts of law, where the law confers rights on a person
or takes away his rights without regard to manifestation of his will or his
consent. e.g. devolution of property of deceased.
ACTS IN LAW/ ACTS OF PARTIES
• There are two types of acts in law
1. Unilateral ; only one party whose will is effective, e.g. testamentary dispositions.
2. Bilateral ; this involves the consent of two or more persons e.g. contract/
agreements.
NOTE; of all the vestitive facts, voluntary acts or acts of the party agreements are the
most important. Their importance lies in the universality of their operation. There are
few rights that cannot be acquired through the assent of the person upon whom
mutual duties are to be imposed, and there are few rights that cannot be transferred by
the will of the party concerned.
SALMOND; Agreements are private legislation , similar to public legalisation both
creates rights and duties.
CLASSES OF AGREEMENTS
1. Agreements creating rights; these have further two sub types
a. Contracts ; A contract is an agreement that creates an obligation
or right in personam between the parties to the contract. No
agreement in contract unless its effect is to bind the parties to
each other by the bond of law of newly created personal right. It
commonly takes the form of set of promises.
b. Grants; A grant is an agreement that creates rights other than
contractual rights; like leases, easements , patents etc.
2. Assignment; An agreement which transfers right is called assignment.

3. Release, discharge, surrender; these agreements extinguish rights.
VALID,VOID AND VOIDABLE CONTRACT
• VALID; A valid agreement is one which is enforced by the courts of the country. It
is in accordance with the true intention of the parties.
• VOID; An agreement entirely fails to receive recognition or sanction, the declared
will of the parties being wholly destitute of legal efficacy.
• VOIDABLE; A voidable agreement is not a nullity, but its operation is conditional
and not absolute. By reason of some defect in its origin it is liable to be destroyed
or cancelled at the option of one parties to the agreement. If such option is
exercised that agreement becomes void ab intio.
• Void and Voidable agreements may be classes together as INVALID.
Causes of INVALIDITY
1. INCAPACITY . Minor age, lunacy, outside of company’s mandate.
2. INFORMAILITY , required to be written, witnessed etc.
3. ILLEGALITY , purpose of contract is illegal e.g. sale of liquor in Pakistan.
4. ERROR OR MISTAKE ( ESSENATIAL AND UNESSANTIAL) ; essential when
related to nature of subject matter or parties to agreement. Makes the
agreement void. Unessential some external factor.
5. COERCION
6. WANT OF CONSIDERTAION ; there cannot be a contract without consideration.

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TITLES

2. Assignment; An agreement which transfers right is called assignment.

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