Operation of law is a legal term used to describe the automatic effect of certain legal provisions without the need of any action or agreement from the parties involved. It is often used to refer to instances where a law, court decision, or contract clause creates, extinguishes, changes, or transfers a legal right or obligation without any additional act or requirement.
Examples of Operation of Law
One example of operation of law is that a person automatically becomes the owner of property they have acquired through the purchase of it, inheritance, or bequest. When the rights of a property owner have been violated, a court can issue an injunction or order to remedy the situation, which will go into effect automatically without the defendant having to agree to it. Another example is that in the case of divorce, state laws will automatically grant spousal support without any type of action by either party.
When Is Operation of Law Used?
Operation of law is once again used to refer to circumstances where legal rights and obligations are created, extinguished, changed, or transferred automatically. It is invoked in order to make sure that the law will be enforced, or that an agreement is respected without any additional action. This is why it is so important to understand the legal implications of any contract or agreement that you make. Operation of law is typically used in commercial law, family law, criminal law, and real estate law cases.