What are the differences between Investitive Facts and Divestitive Facts?

This article contains 7 differences between Investitive Facts and Divestitive Facts.

Investitive Facts

1. Meaning: The facts which confer rights are called “investitive facts”.
2. Investitive facts are creative in nature.
3. Examples: catching fish; writing a book; purchasing the copy rights of the book, etc.
4. Investitive facts or title are divided into kinds:
   • Original titles; and
   • Derivative titles.
5. Examples of original titles:
   • Catching fish by fisherman;
   • Catching a tiger by hunter;
   • A book written by a writer;
   • A cinema screened by producer;
   • A paint painted by painter;
   • The creditor gives loan to the debtor. Thus a right of debt is created in favor of creditor, etc.
6. Examples of derivative titles:
   • Purchasing fish from fisherman;
   • Purchasing tiger from hunter;
   • Purchasing publishing rights book from writer;
   • Purchasing distributing rights of cinema from producer;
   • Purchasing the paint from the painter;
   • A third person purchases the promissory note by giving money to the original creditor and steps his shoes in place of creditor, etc.
7. Investitive facts are positive in character.

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Divestitive Facts

1. Meaning: the facts which cause the deprivation of rights are called “divestitive facts”.
2. Divestitive facts are destructive in nature.
3. Examples: eating away fish; selling away fish; selling away the copy rights of the book; etc.
4. Divesititve facts or titles are divided into two kinds:
   • Alienative facts; and
   • Extinctive facts.
5. Examples of extinctive facts:
   • Eating away fish;
   • Killing tiger;
   • Burning away the book;
   • Burning away the cinema;
   • Destruction of paint; etc.
   • The debtor pays the debt with interest to the ceditor. Thus the right on the debt of creditor is extinguished.
6. Examples of alienative facts:
   • Selling fish by fisherman;
   • Selling tiger by hunter;
   • Selling copyrights of book by writer to the publishers;
   • Selling distributing rights of cinema by producer;
   • Selling the paint by the painter;
   • The creditor sells away the debt to a third person; etc.
7. Divestitive facts are negative in character.