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Ipso jure is a Latin phrase, directly translated as "by the law itself". It is used as an adverb. [1]
| | This article needs additional citations for verification .(December 2009) |
Ipso jure is a Latin phrase, directly translated as "by the law itself". It is used as an adverb. [1]
The phrase is used to describe legal consequences that occur by the act of the law itself. For example, if property is held in a tenancy by the entirety by a husband and wife, who then get divorced, the property is converted ipso jure (i.e. by the law itself) into another form of tenancy, usually a tenancy in common, at the very instant the marriage is dissolved. Likewise, contracts that establish partnerships sometimes provide that the partnership is ipso jure dissolved if one partner attempts to sell his or her interest in the partnership. In all of these situations, when one legally significant fact occurs, other relationships are automatically changed by the law.
In law and government, de jure describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, de facto describes situations that exist in reality, even if not formally recognized.
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it.
Prima facie is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of primus ("first") and facies ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it".
De facto describes practices that exist in reality, regardless of whether they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with de jure.
Sui generis is a Latin phrase that means "of its/their own kind" or "in a class by itself", therefore "unique".
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
Ipso facto is a Latin phrase, directly translated as "by the fact itself", which means that a specific phenomenon is a direct consequence, a resultant effect, of the action in question, instead of being brought about by a previous action. It is a term of art used in philosophy, law, and science.
A deed is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin.
A lease is a contractual arrangement calling for the user to pay the owner for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. In essence, a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.
Sui iuris, also spelled sui juris, is a Latin phrase that literally means "of one's own right". It is used in both the Catholic Church's canon law and secular law. The term church sui iuris is used in the Catholic Code of Canons of the Eastern Churches (CCEO) to denote the autonomous churches in Catholic communion. The Catholic Church consists of 24 churches, including the Latin Church and 23 Eastern Catholic churches.
In maritime law, flotsam,jetsam,lagan, and derelict are specific kinds of shipwreck. The words have specific nautical meanings, with legal consequences in the law of admiralty and marine salvage. A shipwreck is defined as the remains of a ship that has been wrecked, whether it has sunk or is floating on the surface of the water.
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.
In property law, a concurrent estate or co-tenancy is any of various ways in which property is owned by more than one person at a time. If more than one person owns the same property, they are commonly referred to as co-owners. Legal terminology for co-owners of real estate is either co-tenants or joint tenants, with the latter phrase signifying a right of survivorship. Most common law jurisdictions recognize tenancies in common and joint tenancies.
The phrase "by operation of law" is a legal term that indicates that a right or liability has been created for a party, irrespective of the intent of that party, because it is dictated by existing legal principles. For example, if a person dies without a will, their heirs are determined by operation of law. Similarly, if a person marries or has a child after their will has been written, the law writes this pretermitted spouse or pretermitted heir into the will if no provision for this situation was specifically included. Adverse possession, in which title to land passes because non-owners have occupied it for a certain period of time, is another important right that vests by operation of law.
In conflict of laws, the term lex loci is a shorthand version of the choice of law rules that determine the lex causae.
Legal English, also known as legalese, is a register of English used in legal writing. It differs from day-to-day spoken English in a variety of ways including the use of specialized vocabulary, syntactic constructions, and set phrases such as legal doublets.
A fossil word is a word that is broadly obsolete but remains in current use due to its presence within an idiom or phrase. An example for a word sense is 'ado' in 'much ado'. An example for a phrase is 'in point' (relevant), which is retained in the larger phrases 'case in point' and 'in point of fact', but is rarely used outside of a legal context.
Ius or Jus in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas). The iura were specified by laws, so ius sometimes meant law. As one went to the law courts to sue for one's rights, ius also meant justice and the place where justice was sought.
Jure uxoris describes a title of nobility used by a man because his wife holds the office or title suo jure. Similarly, the husband of an heiress could become the legal possessor of her lands. For example, married women in England and Wales were legally incapable of owning real estate until the Married Women's Property Act 1882.