Questions and Notes on Title, Property and Obligation 1

Questions and Notes on Title, Property and Obligation 1

1.      Who said “Title is the de facto antecedent of which the right is the de jure consequent”?

Salmond

2.      The word `title` has originated from the Roman word titulus which was called `titre` in French.

3.      Who said that Title is the fifth element of a legal right?

4.      Who said “A fact giving rise to a right has long been described as Title”?

Holland

5.      Who said that Title is not the right itself but it is merely an element of right?

Austin

6.      Who said that Title consists of those facts from which a right proceeds but it does not give expression to those facts which account for extinction of a right?

Benthem

7.      Who said “Every right is a consequence by the law to one or more facts which the law defines and wherever the law gives anyone special right, not shared by body of people, it does so on the ground that certain special facts, not true of the world, are true to him”?

Holmes

8.      What are the facts establishing title?

a.      Vestive: They relate to the creation, extinction and transfer of right.

b.      Investive: Rights come to be vested in its owner by way of it.

c.       Divestive: They may either be extinctive or alienative facts; they may destroy rights or alienate them by transfer.

                                                              i.      Extincitve facts: Those which divest a right by extinguishing or destroying the right itself, e.g., the payment of a debt.

                                                            ii.      Alienative facts: They divest a right by alienating or transferring it to some other person, e.g., sale or gift.

9.      Who said “Expectation is of predominant influence in the determination of the rule of right”?

Salmond

10.  In which case the Supreme Court of India define Property as “Property means the highest right a man can have to anything being that right which one has to lands or tenements, goods or chattels, which does not depend on other`s courtesy”?

RC Cooper v Union of India

11.  Who said Obligation s the viculum juris, or bond of legal necessity which binds together two or more determinate individuals?

Salmond

12.  Who said “Obligation is a tie whereby one person is bound to perform some act for benefit of another”?

Holland

13.  Who said “Obligation is the control over another person, yet not over his person in all respects, but over single act of his which must be conceived of substracted from his free will and subjected to our will”?

Savigny

14.  Who said “The possession or the will of another as a mean of determining it through my own, in accordance with the law of the freedom, to a definite act”?

Kant

15.  Who said that an obligation is that part of the law which creates rights in personem?

Paton

16.  Who said “Obligation is some kind of control exercised by determinate persons over certain determinate persons for some specific act or it may also be called a forbearance which has been valued in terms of money”?

Anson

17.  What is Chose in Action?

A technical synonym for obligation, meaning a proprietary right in personem.

18.  What is Chose in Possession?

It means vesting of actual possession of a thing or a right in person.

Questions and Notes on Title, Property and Obligation 1

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