Warning
Info
Warning
Info
Simple English definitions for legal terms
operation of law
Read a random definition: judicial-tenure commission
A quick definition of operation of law:
Operation of law: When something happens that automatically gives someone certain rights or responsibilities under the law, without them having to do anything or get permission from someone else. This can happen when someone dies and their property automatically goes to their family, or when someone files for bankruptcy and their property is transferred to a bankruptcy estate. It can also describe what someone is allowed or not allowed to do, or what rights they have, based on laws or court decisions.
A more thorough explanation:
Definition: Operation of law is a legal term that refers to a situation where a person automatically gets certain rights or responsibilities under the law without taking any action or requiring cooperation from another person. This usually happens when a specific event occurs, such as a death or bankruptcy, that triggers a change in legal affairs.
Examples:
- Joint Tenancy: When two or more people own a property together, they may hold it as joint tenants. If one of the joint tenants dies, their share of the property automatically passes to the surviving joint tenants by operation of law.
- Intestate Succession: If someone dies without a will, their property will be distributed to their legal heirs by operation of law. The specific rules for who inherits what vary by state.
- Bankruptcy: When someone files for bankruptcy, their assets become part of the bankruptcy estate by operation of law. This means that the bankruptcy trustee can sell the assets to pay off the person's debts.
These examples illustrate how operation of law can transfer property or assets automatically without the need for any additional action by the parties involved. In the case of bankruptcy, operation of law can also restrict what a person can do with their assets once they file for bankruptcy.