What Is the Legal Term De Facto Mean

The current expressions “de facto” and “de jure” (pronunciation: dee fak-toh / di joo r-ee: origin: Latin) are closely related concepts. De facto means a condition that is indeed true, but is not officially sanctioned. On the other hand, de jure means a condition that is in accordance with the law (i.e. that is officially sanctioned). Most often, these expressions are used to describe the source of authority of a company or head of government, but they apply to a variety of situations. Here are some examples of sentences that use the following phrases: A common-law relationship is not comparable to a de facto marriage, which is a completely legal marriage that has only been entered into irregularly (including habit and reputation). Only nine U.S. States and the District of Columbia still allow common-law marriages; However, common law marriages are otherwise valid and recognized by and in all jurisdictions whose rules of comity require recognition of any marriage legally entered into in the jurisdiction in which it was entered into. Another example of a de facto ruler is someone who is not the real ruler but who exerts great or total influence over the real ruler, which is quite common in monarchies. Some examples of these de facto rulers are Empress Dowager Cixi of China (for her son Tongzhi and nephew Emperor Guangxu), Prince Alexander Menshikov (for her former lover Empress Catherine I of Russia), Cardinal Richelieu of France (for Louis XIII) and Queen Maria Caroline of Naples and Sicily (for her husband King Ferdinand I of Sicily).

Due to Australian federalism, de facto partnerships can only be legally recognised when the couple lives in an Australian state. Indeed, the power to legislate in de facto matters is based on referrals from states to the Commonwealth under section 51(xxxvii) of the Australian Constitution, which states that the new federal law can only be applied within a single state. [32] [33] There must be a state link between the factual relationship itself and the Australian state. [34] A de facto monopoly is a system in which many suppliers of a product are allowed, but the market is so dominated by one of them that the others might as well not exist. The related terms oligopoly and monopsony have a similar meaning and this is the kind of situation that antitrust law is supposed to eliminate. Russian was de facto the official language of the central government and largely of the republican governments of the former Soviet Union, but was not declared a de jure state language until 1990. A short-lived law, which entered into force on 24 April 1990, introduced Russian as the only de jure official language of the Union. [6] Are you a lawyer? A de facto state of war is a situation in which two nations are actively or actively involved in aggressive military action against the other without a formal declaration of war. Many international trade and legal issues will concern these concepts.

Few companies can afford to receive official advice on all matters for commercial or financial reasons. As a result, practical solutions are often implemented for many years before it is determined that a formal law, regulation or directive has been overlooked. In particular, the exact terms of the contract, especially in formal agreements, are often ignored in normal operation, as business partners deal with issues in a practical manner that are outside or contrary to the terms of the agreement. If such companies are subsequently acquired or are the subject of other transactions, the difference between the de jure situation and the de facto State will often be an issue that lawyers and businessmen will have to settle together. The FindLaw Legal Dictionary – free access to more than 8260 definitions of legal terms. Search for a definition or browse our legal glossaries. When a de facto Australian couple leaves a state, they do not take the state with them and the new federal law is tied to the territorial boundaries of a state. The legal status and the rights and obligations of the de facto or unmarried couple would then be recognized by the laws of the country in which they have their habitual residence. See the section on the Australian Family Court for more explanations on jurisdiction over de facto relationships. In politics, a de facto leader of a country or region is someone who has assumed authority, whether by legal, constitutional or legitimate means; Very often, the term is reserved for those whose power is considered illegal, unconstitutional, or otherwise illegitimate by a faction, often because it has deposed a former ruler or undermined the power of a current ruler. .

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