What are the differences between Investitive Facts and Divestitive Facts?

This article contains 7 differences between Investitive Facts and Divestitive Facts.

Investitive Facts

  1. Meaning: The facts which confer rights are called “investitive facts”.
  2. Investitive facts are creative in nature.
  3. Examples: catching fish; writing a book; purchasing the copy rights of the book, etc.
  4. Investitive facts or title are divided into kinds:
    • Original titles; and
    • Derivative titles.
  5. Examples of original titles:
    • Catching fish by fisherman;
    • Catching a tiger by hunter;
    • A book written by a writer;
    • A cinema screened by producer;
    • A paint painted by painter;
    • The creditor gives loan to the debtor. Thus a right of debt is created in favor of creditor, etc.
  6. Examples of derivative titles:
    • Purchasing fish from fisherman;
    • Purchasing tiger from hunter;
    • Purchasing publishing rights book from writer;
    • Purchasing distributing rights of cinema from producer;
    • Purchasing the paint from the painter;
    • A third person purchases the promissory note by giving money to the original creditor and steps his shoes in place of creditor, etc.
  7. Investitive facts are positive in character.
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Divestitive Facts

  1. Meaning: the facts which cause the deprivation of rights are called “divestitive facts”.
  2. Divestitive facts are destructive in nature.
  3. Examples: eating away fish; selling away fish; selling away the copy rights of the book; etc.
  4. Divesititve facts or titles are divided into two kinds:
    • Alienative facts; and
    • Extinctive facts.
  5. Examples of extinctive facts:
    • Eating away fish;
    • Killing tiger;
    • Burning away the book;
    • Burning away the cinema;
    • Destruction of paint; etc.
    • The debtor pays the debt with interest to the ceditor. Thus the right on the debt of creditor is extinguished.
  6. Examples of alienative facts:
    • Selling fish by fisherman;
    • Selling tiger by hunter;
    • Selling copyrights of book by writer to the publishers;
    • Selling distributing rights of cinema by producer;
    • Selling the paint by the painter;
    • The creditor sells away the debt to a third person; etc.
  7. Divestitive facts are negative in character.
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