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 ?
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.
citizenship by operation of law, this is not going to be automatically entered into the Department of Homeland Security's files.
Second degree heirs shall inherit, by operation of law, only in the absence of the first degree heirs, or in the event of the latter's non-acceptance or renunciation of succession, likewise in cases where the first degree heirs are deprived of the right to inherit.
Add to this the possibility of creation of an agency by the operation of law or in the event of an emergency.
Their shares have been transferred to VimpelCom Ltd by operation of law on 6 August 2010, making OJSC VimpelCom a wholly owned subsidiary of VimpelCom Ltd.
A surrender can occur in one of two ways, either expressly by deed or by operation of law.
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.

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