Legal Definitions - extinctive fact

An extinctive fact refers to an event or circumstance that legally terminates or puts an end to an existing right, obligation, or legal relationship. When an extinctive fact occurs, a legal status or entitlement that previously existed ceases to be valid or enforceable.

Here are some examples illustrating an extinctive fact:

• Loan Repayment: Imagine David takes out a mortgage loan to buy a house. Over thirty years, he diligently makes all the required monthly payments until the entire loan principal and interest are paid off.

  The final payment of the mortgage is an extinctive fact. Before this payment, David had a legal obligation to repay the bank, and the bank had a legal right to receive those payments. Once the loan is fully paid, that specific obligation is extinguished, and the bank no longer has a legal claim for further payments related to that mortgage.

• Expiration of a Copyright: A novelist publishes a book, and under copyright law, their exclusive right to reproduce, distribute, and display that work lasts for a specific period (e.g., the author's life plus 70 years). After this period passes, the work enters the public domain.

  The passage of the statutory copyright term is an extinctive fact. Once the copyright expires, the novelist's exclusive legal rights over that specific work are extinguished, and the work becomes freely available for anyone to use without permission or payment.

• Revocation of a Will: Sarah drafts a will outlining how her assets should be distributed after her death. Later, she decides to change her plans and executes a new will that explicitly states it revokes all previous wills.

  The execution of the new will, which includes a revocation clause, acts as an extinctive fact. It legally extinguishes the validity and effect of her previous will, ensuring that only the provisions of the most recent document will be considered upon her passing.