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.

operation of law

The application of rights and responsibilities because of a person or property's status, relationships, location, or other such factors independent of one's express agreement to assume responsibilities or another's express agreement to grant rights.Here are some examples of things that happen by operation of law:

• When a premises owner takes possession of mislaid personal property, he or she becomes a gratuitous bailee with a duty to use ordinary care to return the property to the true owner.

• The death of the principal terminates an agency relationship.

• Bankruptcy of the principal terminates an agency relationship.

• Joint tenancies with rights of survivorship are severed when one joint tenant transfers his or her interest or a creditor seizes his or her interest.

• In some states, when property has been dedicated to public usage, such as a park, and that usage is abandoned or relinquished, the property reverts back to the original grantor or his or her heirs.

• Title to real property is said to be acquired by operation of law when it is acquired by adverse possession, by intestate succession (descent), or by virtue of another's will (devise).

• Adomicile by operation of law is an assigned domicile for persons who are incapable of making legal choices, such as minor children and persons declared mentally incompetent.

• Title to condemned property taken under a power of eminent domain passes on the day the condemnation declaration is filed, whether or not the parties have agreed upon a price or the former owner has signed any documents.

• Agift made in contemplation of death is automatically revoked if the donor recovers or if the donee dies before the donor.

• Awill leaving property to one's spouse is considered revoked in some states if the parties obtain a divorce.

单词	operation of law
释义	Operation of Law 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. operation of law operation of law The application of rights and responsibilities because of a person or property's status, relationships, location, or other such factors independent of one's express agreement to assume responsibilities or another's express agreement to grant rights.Here are some examples of things that happen by operation of law: • When a premises owner takes possession of mislaid personal property, he or she becomes a gratuitous bailee with a duty to use ordinary care to return the property to the true owner. • The death of the principal terminates an agency relationship. • Bankruptcy of the principal terminates an agency relationship. • Joint tenancies with rights of survivorship are severed when one joint tenant transfers his or her interest or a creditor seizes his or her interest. • In some states, when property has been dedicated to public usage, such as a park, and that usage is abandoned or relinquished, the property reverts back to the original grantor or his or her heirs. • Title to real property is said to be acquired by operation of law when it is acquired by adverse possession, by intestate succession (descent), or by virtue of another's will (devise). • Adomicile by operation of law is an assigned domicile for persons who are incapable of making legal choices, such as minor children and persons declared mentally incompetent. • Title to condemned property taken under a power of eminent domain passes on the day the condemnation declaration is filed, whether or not the parties have agreed upon a price or the former owner has signed any documents. • Agift made in contemplation of death is automatically revoked if the donor recovers or if the donee dies before the donor. • Awill leaving property to one's spouse is considered revoked in some states if the parties obtain a divorce.
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