Operation of Law

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Operation of Law

The manner in which an individual acquires certain rights or liabilities through no act or cooperation of his or her own, but merely by the application of the established legal rules to the particular transaction.

For example, when an individual dies intestate, the laws of Descent and Distribution provide for the inheritance of the estate by the heir. The property of the decedent is said to be transferred by operation of law.

operation of law

n. a change or transfer which occurs automatically due to existing laws and not an agreement or court order. Examples: a joint tenant obtains full title to real property when the other joint tenant dies, a spouse in a community property state will take title to all community property if the spouse dies without a will that leaves some of the dead mate's interest in the community property to another, or a guardianship of a minor ad litem (for purposes of a lawsuit) ends automatically upon the child turning 18.

OPERATION OF LAW. This term is applied to those rights which are cast upon a party by the law, without any act of his own; as, the right to an estate of one who dies intestate, is cast upon the heir at law, by operation of law; when a lessee for life enfeoffs him in reversion, or when the lessee and lessor join in a feoffment, or when a lessee for life or years accepts a new lease or demise from the lessor, there is a surrender of the first lease by operation of law. 9 B. & C. 298; 5 B. & C. 269; 2 B. & A. 119; 5 Taunt. 518.

References in periodicals archive ?
It said the ban was "proportionate" given the gravity of his crimes and it was possible for member states to "maintain a ban which, by operation of law, precludes persons convicted of a serious crime from voting" in European elections.
1) Performance appraisal in order to determine the amount of compensation for real property (land + Components ground), including encumbered with limited property rights, acquired by operation of law to the State Treasury or the Swietokrzyskie Province, in accordance with Art.
5096 of the Business and Professions Code--allow individuals, whose principal place of business is outside of California, licensed in states that have licensing requirements substantially similar to California's to practice in California under a practice privilege conferred by operation of law without providing the notice or paying the fee.
citizen by operation of law can, if he or she wishes, straight out apply for a U.
Second degree heirs shall inherit, by operation of law, only in the absence of the first degree heirs, or in the event of the latter's non-acceptance or renunciation of succession, likewise in cases where the first degree heirs are deprived of the right to inherit.
by operation of law on August 6, 2010, making OJSC VimpelCom a wholly owned subsidiary of VimpelCom Ltd.
A surrender can occur in one of two ways, either expressly by deed or by operation of law.
These expenses and time delays may be avoided by having all of your assets titled to a Revocable Living Trust or by having assets pass by operation of law such as a beneficiary designation or payable on death asset titling.
Aitzaz Ahsan has prayed to declare the Competition Ordinance is no longer an existing law, having been repealed by operation of law under Article 89 of the Constitution four months after its promulgation.
1992), a decision that allowed, under certain circumstances, the transfer of insurance coverage by operation of law.
On the commencement of a bankruptcy action, an automatic stay arises by operation of law.