Legal Definitions - investitive publication

Investitive publication refers to a formal act of making information public that legally establishes, creates, or confers a right, title, interest, or status. It is more than just informing others; it is a specific public action that has the legal effect of bringing a new legal reality into existence or making an existing one legally binding and enforceable against third parties.

Here are a few examples:

• Recording a Property Deed: When someone buys a house, the deed (the legal document transferring ownership) is typically filed and recorded in the public land records office of the county where the property is located. This act of recording is an investitive publication.

  • How it illustrates the term: While the buyer and seller might have signed the deed privately, recording it publicly formally establishes the new owner's legal title to the property in the eyes of the law and provides official notice to the entire world. This public act legally confers the property rights to the new owner and protects them against future claims from others who might not have known about the sale.

• Filing Articles of Incorporation: When individuals decide to form a corporation, they must file documents known as "Articles of Incorporation" with the appropriate state government agency (often the Secretary of State). This filing makes the corporation's existence public.

  • How it illustrates the term: This public filing is an investitive publication because it legally creates the corporation as a distinct legal entity. Before this public act, the business might have existed informally, but the filing formally establishes its corporate status, granting it legal rights and responsibilities, such as the ability to enter into contracts, own property, and providing limited liability protection to its owners.

• "Publishing" a Will: In the context of estate planning, "publishing" a will doesn't mean printing it in a newspaper. Instead, it refers to the testator (the person making the will) formally declaring to their witnesses that the document they are signing is indeed their last will and testament, and that they intend it to dispose of their property after their death.

  • How it illustrates the term: This declaration, made in the presence of witnesses, is an investitive publication because it is a crucial step that legally validates the will. It formally establishes the document's legal character and intent, thereby conferring future rights upon the beneficiaries named in the will to inherit the testator's assets. Without this formal declaration, the document might not be legally recognized as a valid will.