operation of law

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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.

References in periodicals archive ?
2) Performance appraisal report determining the value of the plot of land, which will be the basis for determining the amount of the annual fee for perpetual usufruct of land of the Treasury, in a decision finding that the acquisition by operation of law, the right of perpetual usufruct, pursuant to art.
citizenship by operation of law, this is not going to be automatically entered into the Department of Homeland Security's files.
Porter offers a good working definition of agency by the operation of law, as well as agency in an emergency.
There is, however, nothing to stop a landlord and tenant effecting a surrender by operation of law, without any formal documents.
These expenses and time delays may be avoided by having all of your assets titled to a Revocable Living Trust or by having assets pass by operation of law such as a beneficiary designation or payable on death asset titling.
1992), a decision that allowed, under certain circumstances, the transfer of insurance coverage by operation of law.
On the commencement of a bankruptcy action, an automatic stay arises by operation of law.
In other words, the relevant code sections (61 and 162) use included to mean "by operation of law," which is consistent with the taxpayer's interpretation.
The majority creates by operation of law a contractual right on behalf of these plaintiffs that they never even contemplated until this lawsuit began,'' he wrote.
When a person dies (the decedent), assets are distributed to the heirs through either operation of law or a will.
This major three volume series on Chinese law brings together leading current research on the structure and operation of law in China and the nature of the Chinese legal system.

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