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 ?
'The aforementioned applications are deemed automatically approved by operation of Law. In view thereof, LTFRB is hereby ordered to issue the corresponding CPCs, or other appropriate licenses or certifications for all these TNVs applications,' ARTA said in its order.
'It is hereby declared that the second applicant is a Malaysian citizen by operation of law under Article 14(1)(b) of the Federal Constitution, read together with Part II of the Second Schedule of the Constitution,' she added.
The Washington Utilities and Transportation Commission has fgiven notice of a deemed denial by operation of law of the petition filed by Hydro One Ltd.
He added that Miguna lost his citizenship by operation of law upon acquiring his Canadian citizenship.
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.
Upon closing, the escrow issuer will merge with and into Centene, which will assume the obligations of the escrow issuer under the notes, the related indentures and the other applicable documents by operation of law.
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.
BIR argued that the transfer of the real property was not entirely by operation of law since the merger agreement between PSPC and SPPC involve the voluntary act of the parties.
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.S.