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 ?
Joshua Miguna lost his citizenship by operation of law upon acquiring his Canadian citizenship,' the CS said in an affidavit.
attorney by operation of law under the Vacancies Reform Act of 199.
The Bill also provides for the establishment and management of welfare funds by operation of law as opposed to the current dispensation welfare schemes that are run administratively.
The Division of Workers Compensation (DWC) tomorrow will dismiss more than 292,000 unresolved liens by operation of law.
My partial injury benefit was converted into permanent total disability by operation of law, effective upon my retirement on July 21, 1997.
On April 30, 2003, the CTA granted PSPC's petition with a ruling that "the absorption of real property of SPPC by operation of law pursuant to the merger is part and parcel of a single and continuing transaction, and the same should not be subject to DST as if it constituted a separate and distinct transaction.
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.
Their shares have been transferred to VimpelCom Ltd by operation of law on 6 August 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.
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.