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Simple English definitions for legal terms
extinctive fact
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A quick definition of extinctive fact:
An extinctive fact is something that happened or exists that causes someone to lose their rights or a legal relationship. It's like when you break a promise and lose the right to something you were supposed to get. It's different from a fact that helps a court or agency decide how the law applies to a situation.A more thorough explanation:
An extinctive fact is a type of divestitive fact that causes the loss of rights or modifies a legal relation. It is an act or event that terminates a person's right to an object or transfers it to another. For example, when a person sells their car to someone else, the act of selling is an extinctive fact that terminates the seller's right to the car and transfers it to the buyer.
Other examples of extinctive facts include:
- Canceling a contract
- Revoking a license
- Extinguishing a debt
These examples illustrate how an extinctive fact can modify or terminate a legal relation, such as a contract or license. It is important to understand extinctive facts in legal proceedings because they can affect the outcome of a case by changing the rights and obligations of the parties involved.