By operation of law refers to a situation where something occurs automatically, without any action required from individuals. It is akin to a universal rule that applies to all, regardless of their preferences. For instance, if a court fails to render a decision within a specified timeframe, the decision is automatically made in favor of the opposing party. This is known as overruling by operation of law.
By operation of law refers to the creation of a right or liability for a party regardless of their actual intent. This legal principle is automatically applied without any action or agreement from the parties involved. For instance, if a person passes away without a will, their property will be distributed to their heirs by operation of law. Similarly, when a company goes bankrupt, its assets are distributed among its creditors by operation of law. Additionally, if a contract is deemed illegal, it is considered void by operation of law. These examples demonstrate how a party can have a right or liability created without their intention or agreement. In the first example, the person did not intend for their property to be distributed without a will, yet it occurs automatically by operation of law. Likewise, the creditors in the second example do not need to take any action to receive their portion of the bankrupt company’s assets. Lastly, in the third example, the contract is considered void even if the parties did not intend for it to be so, as it violates the law.
“By operation of law” refers to a legal principle that automatically applies certain rights, obligations, or consequences to a situation without the need for any specific action or agreement by the parties involved. It is based on established legal rules or statutes.
An example of rights acquired by operation of law is when a person inherits property from a deceased relative without the need for a will or any specific action. The law automatically transfers ownership to the heir.
Yes, there are several obligations that can arise by operation of law. For instance, when two parties enter into a contract, they are automatically obligated to perform their respective duties as outlined in the contract, even if there is no explicit agreement on those obligations.
Yes, a contract can be terminated by operation of law in certain circumstances. For example, if one party to the contract becomes incapacitated or dies, the contract may be automatically terminated without the need for any additional action.
Yes, a person’s legal status can change by operation of law. For instance, when a couple gets married, their legal status changes from being single to being married without the need for any additional legal steps.
Yes, property rights can be transferred by operation of law. For example, when a person dies intestate (without a will), their property is transferred to their heirs by operation of law.
Yes, a person’s citizenship can change by operation of law. For instance, if a person is born to parents who are citizens of a particular country, they automatically acquire citizenship in that country by operation of law.
Yes, a person’s liability can be imposed by operation of law. For example, if a person causes harm to another person due to negligence, they may be held liable for damages without the need for the injured party to file a lawsuit.
Yes, a person’s rights can be extinguished by operation of law. For instance, if a person is convicted of a crime, they may lose certain rights, such as the right to vote or own firearms, as a consequence of their conviction.
Yes, a person’s legal relationship can be created by operation of law. For example, when a child is born to unmarried parents, the law automatically establishes a legal relationship between the child and both parents, even if they are not married.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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