De facto
De facto (
Jurisprudence
In jurisprudence, it mainly means "practiced, but not necessarily defined by law"[citation needed] or "practiced or is valid, but not officially established".[citation needed] Basically, this expression is opposed to the concept of "de jure" (which means "as defined by law") when it comes to law, management or technology (such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in fact", "actually". With regards to sentencing, the term “de facto life imprisonment” is used to describe a sentence that isn’t a life sentence but it ends when the defendant is at an age where they’re likely to be dead.
Technical standards
A de facto standard is a standard (formal or informal) that has achieved a dominant position by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardization process, and may not have an official standards document.
Technical standards are usually voluntary, such as ISO 9000 requirements, but may be obligatory, enforced by government norms, such as drinking water quality requirements. The term "de facto standard" is used for both: to contrast obligatory standards (also known as "de jure standards"); or to express a dominant standard, when there is more than one proposed standard.
In
Government and culture
National languages
Several countries, including Australia, Japan, Mexico, the United Kingdom and the United States, have a de facto national language but no official, de jure national language.
Some countries have a de facto national language in addition to an official language. In
Russian was the de facto official language of the central government and, to a large extent, republican governments of the former Soviet Union, but was not declared de jure state language until 1990. A short-lived law, effected April 24, 1990, installed Russian as the sole de jure official language of the Union.[6]
In
Governance and sovereignty
A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead.[8]
In politics, a de facto leader of a country or region is one who has assumed authority, regardless of whether by lawful, constitutional, or legitimate means; very frequently, the term is reserved for those whose power is thought by some faction to be held by unlawful, unconstitutional, or otherwise illegitimate means, often because it had deposed a previous leader or undermined the rule of a current one. De facto leaders sometimes do not hold a constitutional office and may exercise power informally.
Not all dictators are de facto rulers. For example, Augusto Pinochet of Chile initially came to power as the chairperson of a military junta, which briefly made him de facto leader of Chile, but he later amended the nation's constitution and made himself president until new elections were called, making him the formal and legal ruler of Chile. Similarly, Saddam Hussein's formal rule of Iraq is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq. However, his de facto rule of the nation began earlier: during his time as vice president; he exercised a great deal of power at the expense of the elderly Ahmed Hassan al-Bakr, the de jure president.
In
That doctrine was nullified by the
- (1) This Constitution shall rule even when its observance is interrupted by acts of force against the institutional order and the democratic system. These acts shall be irreparably
null.- (2) Their authors shall be punished with the penalty foreseen in Section 29, disqualified in perpetuity from holding public offices and excluded from the benefits of
commutationof sentences.- (3) Those who, as a consequence of these acts, were to assume the powers foreseen for the authorities of this Constitution or for those of the provinces, shall be punished with the same penalties and shall be civil and criminally liable for their acts. The respective actions shall not be subject to prescription.
- (4) All citizens shall have the right to oppose resistance to those committing the acts of force stated in this section.
- (5) He who, procuring personal enrichment, incurs in serious fraudulent offense against the Nation shall also attempt subversion against the democratic system, and shall be disqualified to hold public office for the term specified by law.
- (6) Congress shall enact a law on public ethics which shall rule the exercise of public office.
Two examples of de facto leaders are
Another example of a de facto ruler is someone who is not the actual ruler but exerts great or total influence over the true ruler, which is quite common in monarchies. Some examples of these de facto rulers are
The term "de facto head of state" is sometimes used to describe the office of a
In the
Borders
The de facto boundaries of a country are defined by the area that its government is actually able to enforce its laws in, and to defend against encroachments by other countries that may also claim the same territory de jure. The
Segregation
In South Africa, although de jure apartheid formally began in 1948, de facto racist policies and practices discriminating against black South Africans, People of Colour, and Indians dated back decades before.[9][10][11][12][13][14][15][16][17][18][19][20]
De facto racial discrimination and
De facto state of war
Most commonly used to describe large scale conflicts of the 20th century, the phrase de facto state of war refers to a situation where two nations are actively engaging, or are engaged, in aggressive military actions against the other without a formal declaration of war.
In the 21st century, non-state actors and other non-nation state entities are also commonly involved in various conflicts.
Marriage and domestic partnerships
 | The examples and perspective in this section may not represent a worldwide view of the subject. (October 2022) |
Relationships
A
In Australia
In
In April 2014, an Australian federal court judge ruled that a heterosexual couple who had a child and lived together for 13 years were not in a de facto relationship and thus the court had no jurisdiction to divide up their property under family law following a request for separation. In his ruling, the judge stated "de facto relationship(s) may be described as ‘marriage like’ but it is not a marriage and has significant differences socially, financially and emotionally."[31]
The above sense of de facto is related to the relationship between common law traditions and formal (statutory, regulatory, civil) law, and
Relationships not recognised outside Australia
Due to
If an Australian de facto couple moves out of a state, they do not take the state with them and the new federal law is tied to the territorial limits of a state. The legal status and rights and obligations of the de facto or unmarried couple would then be recognised by the laws of the country where they are ordinarily resident.
This is unlike marriage and "matrimonial causes" which are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia[35] and internationally by marriage law and conventions, Hague Convention on Marriages (1978).[36]
Non-marital relationship contract
A de facto relationship is comparable to non-marital relationship contracts (sometimes called "palimony agreements") and certain limited forms of domestic partnership, which are found in many jurisdictions throughout the world.
A de facto Relationship is not comparable to common-law marriage, which is a fully legal marriage that has merely been contracted in an irregular way (including by habit and repute). Only nine U.S. states and the District of Columbia still permit common-law marriage; but common law marriages are otherwise valid and recognised by and in all jurisdictions whose rules of comity mandate the recognition of any marriage that was legally formed in the jurisdiction where it was contracted.
Family law – custody
De facto joint custody is comparable to the joint legal decision-making authority a married couple has over their child(ren) in many jurisdictions (Canada as an example). Upon separation, each parent maintains de facto joint custody, until such time a court order awards custody, either sole or joint.
Business
Monopoly
A de facto monopoly is a system where many suppliers of a product are allowed but the market is so completely dominated by one that the other players are unable to compete or even survive. The related terms oligopoly and monopsony are similar in meaning and this is the type of situation that antitrust laws are intended to eliminate.
Finance
In finance, the World Bank has a pertinent definition:
A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution.[37]
Intellectual property
In engineering, de facto technology is a system in which the intellectual property and know-how is privately held. Usually only the owner of the technology manufactures the related equipment. Meanwhile, a standard technology consists of systems that have been publicly released to a certain degree so that anybody can manufacture equipment supporting the technology. For instance, in cell phone communications, CDMA1X is a de facto technology, while GSM is a standard technology.
Sports
Examples of a de facto General Manager in sports include
See also
Notes
References
- ^ Random House Kernerman Webster's College Dictionary. S.v. "de facto." Retrieved January 12, 2018
- ^ "de facto". Dictionary.com. Retrieved 25 February 2017.
- ^ See I. 3. "de". Oxford English Dictionary (2nd ed.). Oxford University Press. 1989.
- ^ Harper, Douglas. "de facto". Online Etymology Dictionary.
- ^ Edna Ullmann-Margalit: The Emergence of Norms, Oxford Un. Press, 1977. (or Clarendon Press 1978)
- ^ "USSR Law "On the Languages of the Peoples of USSR"" (in Russian). April 24, 1990. Archived from the original on 2009-06-18.
- ^ Mair, Victor (1 July 2017). "Cantonese: Still the Native Language of Hong Kong". Language Log.
- ^ 30 Am Jur 181. Law Dictionary, James A. Ballentine, Second Edition, 1948, p. 345.
- ^ R.W. Lee. "Introduction to Roman-Dutch Law". Oxford, Clarendon Press. Retrieved 27 March 2011.
- ISBN 978-0-520-04319-0.
- ^ Gish, Steven (2000). Alfred B. Xuma: African, American, South African. New York University Press. p. 8.
- ^ Hoiberg, Dale; Ramchandani, Indu (2000). Students' Britannica India, Volumes 1–5. Popular Prakashan. p. 142.
- ^ Allen, John (2005). Apartheid South Africa: An Insider's Overview of the Origin And Effects of Separate Development. iUniverse. p. xi.
- ^ Nojeim, Michael J. (2004). Gandhi and King: the power of nonviolent resistance. Greenwood Publishing Group. p. 127.
- ^ Leach, Graham (1986). South Africa: no easy path to peace. Routledge. p. 68.
- ^ Tankard, Keith (9 May 2004). Chapter 9 The Natives (Urban Areas) Act Archived 20 November 2008 at the Wayback Machine . Rhodes University. knowledge4africa.com.
- ^ Baroness Young – Minister of State, Foreign and Commonwealth Office (4 July 1986). vol 477 cc1159-250. Hansard.
- ^ The Representation of Natives Act. sahistory.org Archived 13 October 2006 at the Wayback Machine
- ^ Reddy, E.S (n.d.). "Indian passive resistance in South Africa, 1946–1948". sahistory.org.za. SA History. Retrieved 23 February 2015.
- ^ Ambrosio, Thomas (2002). Ethnic identity groups and U.S. foreign policy. Greenwood Publishing Group. pp. 56–57.
- ^ "Civil Rights Act of 1964". Archived from the original on 2010-10-21. Retrieved 2010-11-04.
- ISBN 0-19-514689-1.
- ISBN 0-19-828016-5.
- ^ Walker Lenore E. "Battered Woman Syndrome. Empirical Findings." Violence and Exploitation Against Women and Girls, November 2006, p. 142.
- ^ Gulliver, Katrina (31 January 2003). "De facto is a defective description – just say living in sin". Sydney Morning Herald. Retrieved 29 August 2016.
I am curious about the use of the term "de facto". It is an adjective meaning "in fact" – as opposed to "in law". It is used by Australian journalists when describing (other people's) domestic partners. I have never heard anyone say "my de facto". It is a brief way of saying "living with someone but not actually married". Despite being an adjective, it never seems to be used with a noun, but on its own...
- ^ "What are your rights when a de facto relationship ends?". ABC News. 22 June 2017. Retrieved 16 September 2017.
- ^ "Family Law Act 1975 – Sect. 4AA". austlii.edu.au.
- ^ "De facto Relationships". Family Court of Australia.
- ^ "De facto Relationships". The Law Society of New South Wales. Archived from the original on 2017-02-10. Retrieved 2017-09-16.
- ^ Elphick, Liam. "Do same-sex couples really have the same rights as married couples?". SBS News. Retrieved 15 September 2017.
- ^ "De facto couples have differences to married counterparts, judge says". The Australian. 23 April 2014. Archived from the original on 4 May 2014.
- ^ French, Justice (Feb 2003). "The Referral of State Powers Cooperative Federalism lives?". Western Australia Law Review..
- ^ Thomas (2007) 233 CLR 307, [208] (Kirby J).
- ^ See sections 90RG, 90SD and 90SK, section 90RA, of the Family Law Act.
- Australian Constitution
- ^ Hague Convention on Marriages 1978
- ^ "OP 7.30 – Dealings with De Facto Governments". Operational Manual. The World Bank. July 2001. Archived from the original on 2017-10-11. Retrieved 2010-11-28.