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 ?
De facto independence changes over the sample periods, and as such the use of indexes that are constant over long periods of time lack empirical power.
We need to encourage more predictable policy that has worked and discourage the bouts of discretion and loss of de facto independence which have not worked.
Formal independence did not insulate the Bank from political pressure and despite the increase in de jure independence, the Bank of Japan experienced a decline in de facto independence under the Koizumi and post-Koizumi administrations.
The predominantly Muslim province won de facto independence from Russia during a bloody war that was fought from 1994-96.
Ongoing negotiations among Britain, Spain, and Gibraltar point toward some sort of de facto independence under British (or Spanish or European Union) sovereignty.
164), and it ended when General Alexander Lebed negotiated an agreement with the Chechens in summer 1996 that virtually recognized the de facto independence of Chechnya.
Narokobi's view is shared by the rebel leaders, who go further and claim that Bougainville already has de facto independence.
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.
And she illustrates that the majority of low-level bureaucrats, along with the majority of those few Buenos Aires residents (261 of 42,500) invited to the May 1810 cabildo abierto (open city council), voted to end Viceroy Cisneros's authority, a vote that established the de facto independence of the Argentine provinces.