Title in Jurisprudence Notes

Title is a link between a person and an object to establish ownership of property. A title is the de facto antecedent of which the right is the de jure consequent. Right of possession on ownership comes in term of de facto first and later de jure. For example, I have a watch on my hand. How it can be said that it is my, or I have title over it. I have either purchased it, or someone has gifted me, or I have inherited it from elsewhere. Title is created even of stolen objects. It is right of ownership in fact and in law over property.

Kinds of Title

There are two kinds of title are as follow

  • Investitive factsInvestitive facts create rights. This right is created first time on the objects, which are ownerless. When I catch fish it is my original title and if I purchase it from elsewhere then it is called derivative title. Derivative right is second right, which is created after gone away of original right.
  • Divestitive factsDivestitive facts are those, which loss or keep away of right is termed as divestitive facts.
  • Alienative rightAlienative right is right which is separated or transferable.
  • Extinctive rightExtinctive right is right which is kept away or destroyed.

Persons in Jurisprudence Notes

In an ordinary meaning any living human being either male or female is person. In old Roman law slaves were not supposed to be person because they were not possessed rights.
In legal term a being who is capable to possess rights and obligation and liabilities is person. All human being are person. Any being whom law regards as capable of rights and duties.

Kinds of persons
There are two kinds of person in law

  • Natural persons
  • Legal person

Natural persons
All the human beings are natural persons. The entire male and female are persons. All the living beings which are recognized as person by state, they are persons in law and persons in fact.
Legal persons
Legal persons are created artificially and law regards them as legal person. They are persons only in the eyes of law. They are also created by legal fiction so called as fictitious also. They are also called juridical, conventional, imaginary, and they have rights and obligations as natural person. They can sue and be sued.
They are no persons because they do not possess rights and obligations. Some people say that they are persons because law prohibits cruelty to them. They should be treated sympathetically and kindly. But this is our cultural heritage and the duty of society and not the duty of animals. Rights always correlate with duties. Since they do not have any duty so no rights and are not persons although in ancient Roman law a rooster was prosecuted and punished but in modern law master of animals can be sued and punished and not the animals itself.
Dead human beings
They cease their rights and obligation at the moment they go away from this world and their connection is cut down. They are immune from duties and not subject of rights. Law recognize the compliance of will, burial ceremony, no defamation, no desecration of graves, but despite of this fact they are not persons and these duties lie to their legal heirs or living society members.
Statues of unborn babies
In civil law they can sue after they are born through their next friends or at attaining the age of majority. A child in womb has certain rights and inherits property. These all things are subject to his living birth.
Following are important points

  • He can claim damages after birth, for the injuries he received before birth.
  • He can claim compensation for the death of his father or mother in fatal accidents.
  • He inherits even his father is died before his birth. He is natural person even his birth is only for a moment.
  • A woman cannot be punished after conviction if she is pregnant, till birth of baby.

Kinds of legal persons They are three kinds of Legal Person are as follows

  • Institutions are not personified or group of persons but institutions itself are legal persons, such as, mosque, library, hospital etc.
  • CorporationsCorporations are a group or series of persons and natural persons are its members.
  • Funds or estatesFunds or estates are used for specific purpose. Property or fund of deceased person for trust or charity is kind of legal person.

Kinds of Corporation

  • Corporation aggregate
    Corporation aggregate is a group or collection of persons who become joint to accomplish a task. Even all members of this corporation die, it will remain live and continue until death by law. Common example of this corporation is Municipal Corporation or registered company.
  • Corporation sole
    Corporation sole is series of successive persons or individuals. It consists of only one person at a time like king, postmaster general, Assistant Commissioner, or Prime Minister. When a person dies, second one comes, fills in vacancy and performs functions. After death of office holder, for the time being, office becomes dormant or inactive or goes in sleeping position and as well as other person fills in the position, it become active.