Legal Definitions - translative fact

A translative fact is an event or circumstance that legally causes the transfer of a right, title, obligation, or other legal interest from one person or entity to another. It is a foundational fact upon which a change in legal ownership or responsibility is based, effectively shifting a legal status or entitlement.

• Example 1: Sale of Real Estate

  Imagine Maria sells her house to John. After they agree on the terms, they sign a deed, which is then recorded with the local government. The act of signing and recording the deed is the translative fact. This legal action formally transfers ownership of the property from Maria to John, making him the new legal owner.

• Example 2: Inheritance Through a Will

  Consider a situation where Mr. Henderson passes away, and his valid will specifies that his valuable antique coin collection should go to his niece, Sarah. Mr. Henderson's death, combined with the existence and terms of his will, constitutes a translative fact. These facts legally transfer ownership of the coin collection from Mr. Henderson's estate to Sarah, establishing her as the new legal owner.

• Example 3: Assignment of a Contractual Right

  Suppose a freelance graphic designer, Alex, completes a project for a client, "Creative Marketing Solutions," and is owed a payment of $5,000. Alex then enters into an agreement with "QuickCash Loans" to sell them the right to receive that $5,000 payment in exchange for immediate cash. The agreement between Alex and QuickCash Loans to transfer the right to payment is the translative fact. This legally shifts the right to collect the $5,000 from Creative Marketing Solutions from Alex to QuickCash Loans.