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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
In order to be recognised as a Malaysian by operation of law, Section 1(e) requires a person born in Malaysia to be 'not born a citizen of any country'.
Upon closing, the escrow issuer will merge with and into Centene, which will assume the obligations of the escrow issuer under the notes, the related indentures and the other applicable documents by operation of law.
It said the ban was "proportionate" given the gravity of his crimes and it was possible for member states to "maintain a ban which, by operation of law, precludes persons convicted of a serious crime from voting" in European elections.
60% out of 15 thousand complaints from citizens the Ombudsman's Office receives falls at operation of law enforcement officers.
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.
5096 of the Business and Professions Code--allow individuals, whose principal place of business is outside of California, licensed in states that have licensing requirements substantially similar to California's to practice in California under a practice privilege conferred by operation of law without providing the notice or paying the fee.
citizen by operation of law can, if he or she wishes, straight out apply for a U.S.
The following persons have the capacity to inherit: 1) in succession by operation of law: natural persons who survived the bequeather at the moment of his death; children of the bequeather who were born after his death; likewise the State of Lithuania; 2) in succession pursuant to a will: natural persons who survived the testator at the moment of his death; likewise those who were conceived while the testator was still alive and were born after his death; persons named in the will before their conception, upon their birth; 3) in succession pursuant to a will: legal persons which existed at the moment of death of the testator, or established in executing the testator's true intent expressed in his will.
Add to this the possibility of creation of an agency by the operation of law or in the event of an emergency.
A surrender can occur in one of two ways, either expressly by deed or by operation of law.
In 2004 she was suspended on full pay from the pounds 75,000-a-year post, and in August 2005 Cheltenham council announced that her contract was at an end "by operation of law".

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