Legal Definitions - destitutive fact

A destitutive fact, also known as a divestitive fact, is an event or circumstance that causes a person to lose an existing right, power, or legal status. It operates to terminate or extinguish a previously held entitlement or legal relationship.

A destitutive fact refers to an event or circumstance that legally causes the loss, termination, or removal of an existing right, power, or legal status. It is a fact that effectively "takes away" or "destroys" a previously held legal position or entitlement.

• Example 1: Sale of Property
  Imagine a homeowner who decides to sell their house. When they sign the deed and complete the transfer of ownership to a new buyer, the act of legally transferring the property title is a destitutive fact. This action terminates their legal right of ownership over that specific property, effectively removing their status as the owner.

• Example 2: Reaching Adulthood
  A child's 18th birthday serves as a destitutive fact concerning their legal status as a minor. Upon reaching this age, they legally lose the status of being a minor and gain the full legal status of an adult. This change terminates certain protections and limitations previously afforded to them as a minor, while simultaneously granting them new adult rights and responsibilities.

• Example 3: Completion of a Contractual Obligation
  Consider a business that enters into a contract to provide a specific service to a client. Once the business successfully delivers the service as agreed upon in the contract, the act of fulfilling all contractual terms is a destitutive fact. This event legally terminates their obligation to perform that particular service, removing the duty from their responsibilities under that contract.