Operation Of Law Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Operation Of Law, written in plain English, along with examples of how it is used.

What is Operation Of Law?

It is a legal term used in the court of law for those rights of a person which has been obtained by default, without any of his act or court orders, but by set of rules of law and its application. For eg, when a child turns 18, the guardianship ends.

History and Meaning of Operation Of Law

Operation of Law is a legal doctrine that refers to the manner in which a right or interest automatically shifts from one party to another without any action by the parties involved. This transfer of rights is accomplished by operation of the law, which means that the rights in question are automatically transferred or terminated when specific circumstances occur. The process of operation of law is not based on the agreement or consent of the parties involved but rather on the application of legal principles.

The concept of operation of law has its roots in English common law and has since been adopted by other legal systems worldwide. Certain events or changes in circumstances can trigger the operation of law, resulting in a shift of rights or obligations from one party to another. Some common examples of such events include death, marriage, divorce, bankruptcy, foreclosure, and the expiration of a lease or contract.

Examples of Operation Of Law

  1. If a person dies intestate (without a valid will), their property will pass to their heirs by operation of law.
  2. When a minor reaches the age of majority, their guardianship ends by operation of law.
  3. If a co-owner of property dies, their share automatically transfers to the surviving owner(s) by operation of law.
  4. In some jurisdictions, a common-law marriage is recognized by operation of law after a certain length of time living together as a couple.
  5. A contract may be terminated by operation of law if the subject matter of the contract becomes illegal or impossible to perform.

Legal Terms Similar to Operation Of Law

  1. Legal fiction: a legal concept in which something is assumed to be true despite being untrue in fact.
  2. Equitable conversion: a legal doctrine in which a buyer of real property is considered the owner from the moment the contract is signed, even though the transfer of legal title has not yet occurred.
  3. Laches: a legal defense that may be raised in response to a claim, alleging that the plaintiff has unreasonably delayed in asserting their rights, resulting in prejudice to the defendant.