Legal Definitions - divestitive fact

A divestitive fact is an event or action that results in the loss of a legal right someone previously held. It operates to modify or completely extinguish an existing legal relationship, thereby taking away a right that once existed.

A divestitive fact is an event or circumstance that legally causes someone to lose a right, privilege, or legal relationship they previously held. Essentially, it's a fact that terminates an existing legal status or entitlement.

Here are a few examples to illustrate this concept:

• Example 1: Selling a piece of land

  Imagine a person who owns a plot of land. When they sign a deed transferring ownership to a buyer and that deed is legally recorded, the act of transferring the deed is a divestitive fact.

  Explanation: This action causes the original owner to lose their legal right to own, use, and control that specific piece of land. Their property ownership right is divested.

• Example 2: A final divorce decree

  When a court issues a final decree of divorce, officially ending a marriage, that decree represents a divestitive fact.

  Explanation: The divorce decree causes both individuals to lose their legal status as spouses and, consequently, many of the rights and obligations associated with marriage, such as spousal inheritance rights, certain shared property rights, and the legal duty of spousal support (unless otherwise ordered by the court).

• Example 3: The expiration of a patent

  A company holds a patent for a unique technological invention, granting them exclusive rights to produce and sell it for a set period, typically 20 years. Once that 20-year period concludes, the expiration of the patent is a divestitive fact.

  Explanation: Upon expiration, the company loses its exclusive legal right to prevent others from manufacturing, using, or selling the invention. The technology enters the public domain, and competitors are then free to use it.