Ipso jure

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Ipso jure is a Latin phrase, directly translated as "by the law itself". It is used as an adverb. [1]

Adverb word that modifies a verb, adjective, or another adverb

An adverb is a word that modifies a verb, adjective, determiner, clause, preposition, or sentence. Adverbs typically express manner, place, time, frequency, degree, level of certainty, etc., answering questions such as how?, in what way?, when?, where?, and to what extent?. This function is called the adverbial function, and may be realized by single words (adverbs) or by multi-word expressions.

Contents

Usage

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.

Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony, child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person.

Contract agreement having a lawful object entered into voluntarily by multiple parties

A contract is a legally binding agreement which recognises and governs the rights and duties of the parties to the agreement. A contract is legally enforceable because it meets the requirements and approval of the law. An agreement typically involves the exchange of goods, services, money, or promises of any of those. In the event of breach of contract, the law awards the injured party access to legal remedies such as damages and cancellation.

Partnership Arrangement in which parties agree to cooperate to advance their mutual interests

A partnership is an arrangement where parties, known as partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract.

See also

Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church. A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.

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, his or her heirs are determined by operation of law. Similarly, if a person marries or has a child after his or her will has been executed, 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.

Related Research Articles

In law and government, de jure describes practices that are legally recognised, regardless whether the practice exists in reality. In contrast, de facto describes situations that exist in reality, even if not legally recognised. The terms are often used to contrast different scenarios: for a colloquial example, "I know that, de jure, this is supposed to be a parking lot, but now that the flood has left four feet of water here, it's a de facto swimming pool". To further explain, even if the signs around the flooded parking lot say "Parking Lot" it is "in fact" a swimming pool.

Prima facie is a Latin expression meaning on its first encounter or at first sight. 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". The term prima facie is used in modern legal English to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, prima facie denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling.

In law and government, de facto describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with de jure, which refers to things that happen according to law. Unofficial customs that are widely accepted are sometimes called de facto standards.

Sui generis is a Latin phrase that means "of its own kind; in a class by itself; unique."

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. An example in law is money laundering: the act is not ipso facto illegal because it is an exchange, but is done as a cover for something else, so the act puts the actions of an individual in question. A common English idiom with a similar meaning is "in and of itself". Compare also "by itself" and "per se".

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.

Lease business contract between two parties, the lessor (owner) and lessee (user), for use of property

A lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment is also leased.

Flotsam, jetsam, lagan, and derelict

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—a destroyed ship at sea, whether it be sunken or 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 holds 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.

Eo ipso means "by the thing itself" in Latin and is similar to the sense expressed by the English idioms, "by the same token", "of itself", or "on its own account". It is often used in various schools of philosophy to demonstrate the possibility/impossibility of propositions from their nature. For example: "That I am does not eo ipso mean that I think." The term is also used in law, and it is through law that it was brought into English from Latin.

<i>Nota bene</i> Italian and Latin phrase

Nota bene is a Latin phrase which first appeared in English writing c. 1711. Often abbreviated as NB, n.b., or with the ligature , the phrase is Latin for "note well" and comes from the Latin roots notāre and bene ("well"). It is in the singular imperative mood, instructing one individual to note well the matter at hand, i.e., to take notice of or pay special attention to it. In Modern English, it is used, particularly in legal papers, to draw the attention of the reader to a certain (side) aspect or detail of the subject on hand. While NB is also often used in academic writing, note is a common substitute.

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.

In pari delicto , Latin for "in equal fault ", is a legal term used to indicate that two persons or entities are equally at fault, whether the malfeasance in question is a crime or tort.

<i>Illegitimi non carborundum</i>

Illegitimi non carborundum is a mock-Latin aphorism, often translated as 'Don't let the bastards grind you down'. The phrase itself has no meaning in Latin and can only be mock-translated as a Latin-English pun. The phrase originated during World War II. Lexicographer Eric Partridge attributes it to British army intelligence very early in the war. The phrase is also used as the first line of one of the extra cod Latin verses added in 1953 to an unofficial school song at Harvard University, "Ten Thousand Men of Harvard". It was later adopted by a number of politicians and figures in potentially stressful positions.

In law, dissolution has multiple meanings.

Jure uxoris is 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 were legally incapable of owning real estate until the Married Women's Property Act 1882.

References

  1. ipso jure. CollinsDictionary.com. Collins English Dictionary - Complete & Unabridged 11th Edition. Retrieved October 09, 2012.