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.
KARACHI -- A report of Karachi police on Wednesday claimed that the menace of killings in the financial hub has registered a considerable decline by more than 50 percent in first six months of the year following operation of law enforcement agencies.
60% out of 15 thousand complaints from citizens the Ombudsman's Office receives falls at operation of law enforcement officers.
Reports of incidents of torture while in police custody are on the rise under the ongoing operation of law enforcement agencies against criminals and outlaws.
As such, certificates representing shares of our Common Stock will not be assignable or transferable on our books except by will, intestate succession or operation of law, and we will not issue any new stock certificates, other than replacement certificates.
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.
Add to this the possibility of creation of an agency by the operation of law or in the event of an emergency.
Zafar Abu Musa, commander of Tehrik-e-Taliban Afghanistan was arrested during the search operation of law enforcement agencies in Misree Banda area, official sources claimed that some 41 suspects were arrested from the same area.
A surrender can occur in one of two ways, either expressly by deed or by operation of law.

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