de facto

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Related to De facto independence: de jure

De Facto

[Latin, In fact.] In fact, in deed, actually.

This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position, or status existing under a claim or color of right, such as a de facto corporation. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one that is in actual possession of the office or supreme power, but by usurpation, or without lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but has never had plenary possession of it, or is not in actual possession. A wife de facto is one whose marriage is Voidable by decree, as distinguished from a wife de jure, or lawful wife. But the term is also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade that is actually maintained, as distinguished from a mere paper blockade.

A de facto corporation is one that has been given legal status despite the fact that it has not complied with all the statutory formalities required for corporate existence. Only the state may challenge the validity of the existence of a de facto corporation.

De facto Segregation is the separation of members of different races by various social and economic factors, not by virtue of any government action or statute.

de facto

adj. Latin for "in fact." Often used in place of "actual" to show that the court will treat as a fact authority being exercised or an entity acting as if it had authority, even though the legal requirements have not been met. (See: de facto corporation, de jure)

de facto

adjective absolutely, actual, actually, as a matter of fact, authentic, bona fide, certain, demonstrable, existent, existing, existing in fact, factual, genuine, in existence, in fact, in point of fact, in reality, positively, real, substantive, tangible, true, truly, unquestionable, valid, veritable, well-founded, well-grounded, with validity
Associated concepts: de facto administrator, de facto admissions, de facto apprenticeship, de facto appropriation, de facto authority, de facto board, de facto board of directors, de facto contract, de facto contract of sale, de facto corpooation, de facto court, de facto director, de facto dissolution, de facto districts, de facto domicile, de facto government, de facto guardian, de facto judge, de facto officer, de facto trust, de facto trustee
See also: actual, bodily, material, physical

DE FACTO, i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one in the exercise of the executive power, and is distinguished from one, who being legally entitled to such power is ejected from it; the latter would be a president de jure. An officer de facto is frequently considered as an officer de jure, and his official acts are of equal validity. 10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass. 231; 10 Mass. 290; 15 Mass. 180; 5 Pick. 487.

References in periodicals archive ?
There are a small number of researchers attempting to differentiate between de jure and de facto independence (e.
In other words, within a given legal framework, policymakers in the United States have been able to engage in varying degrees of de facto independence and adherence to rules-based policy.
The de jure perspective assigns a constant measure to Japan because the 1942 Bank of Japan Law with some revisions made in 1949 remained the operating document of the Bank until the Bank of Japan Law was revised in 1997; however, the Bank of Japan actually achieved a meaningful but difficult to quantify increase in de facto independence after 1973.
TheUnited Nations Security Council met yesterday for the fourth time in as many days to try to resolve a conflict that began when Georgia launched a large-scale military operation to retake South Ossetia, which has had de facto independence since 1992.
Washington has urged Chen not to hold the referendum on entry to the UN, fearing that it could test the patience of Beijing which views it as a push by Chen toward formalizing the island's de facto independence.
Most committee members accept the Kurds will not give up the de facto independence they have enjoyed since 1991 in the north.
War itself brought changes as the status of self-governing dominions moved toward de facto independence.
The predominantly Muslim province won de facto independence from Russia during a bloody war that was fought from 1994-96.
The battle was precisely the sort of engagement that Russian strategists have been trying to avoid successfully, until now as they try to retake Chechnya after three years of de facto independence from Moscow.
It achieved de facto independence from Turkey in 1913 and became a one-party communist state in 1944.
55) It probably is not coincidence that Egypt and Syria, with much more highly developed and larger bourgeoisie than Iraq, achieved de facto independence earlier.
Taiwan's government favours de facto independence - the status quo - while the economic reality is that the island may be moving towards de facto reunification.