Legal Definitions - impositive fact

An impositive fact is a proven circumstance or event that, once established, directly creates a new legal right, duty, status, or obligation. It is a fact that brings about a specific legal consequence, rather than merely proving or disproving an existing one.

Here are some examples to illustrate this concept:

• Marriage Ceremony:

  • The fact: Two individuals participate in a legally recognized marriage ceremony and sign the required documents.
  • How it illustrates: This specific fact immediately creates a new legal status for both individuals as spouses. This status, in turn, imposes new legal rights (e.g., shared property rights, inheritance rights) and duties (e.g., spousal support obligations) that did not exist before the marriage.

• Signing a Valid Contract:

  • The fact: A person signs a legally binding agreement, such as a lease for an apartment or a contract for services.
  • How it illustrates: The act of signing a valid contract is an impositive fact because it creates new legal obligations and rights for all parties involved. For instance, the tenant gains the right to occupy the property and the duty to pay rent, while the landlord gains the right to receive rent and the duty to maintain the property.

• Reaching the Age of Majority:

  • The fact: An individual celebrates their 18th birthday (in many jurisdictions).
  • How it illustrates: This biological and chronological fact is impositive because it instantly creates a new legal status: adulthood. With this status come new legal rights, such as the right to vote, enter into contracts independently, and purchase alcohol, as well as new duties, such as full legal responsibility for one's actions.