Legal Definitions - en fait

En fait is a French legal term that translates to "in fact" or "actually." It refers to something that exists or is true based on the actual circumstances and reality, rather than what might be legally presumed, intended, or formally established.

Here are some examples to illustrate this concept:

• Example 1: A Common-Law Relationship

  Imagine a couple who have lived together for twenty years, shared bank accounts, raised children, and presented themselves to their community as husband and wife, but they never formally obtained a marriage license or had a wedding ceremony. In many legal contexts, while they might not be married de jure (by law), they are considered married en fait. This means that, in fact, their relationship functions as a marriage, and certain legal rights and obligations might apply to them based on this factual reality, even without the formal legal status.

• Example 2: De Facto Control of a Company

  Consider a situation where a company's official board of directors holds regular meetings and makes formal decisions. However, en fait, a single individual, perhaps a major shareholder or founder, consistently dictates all significant business strategies and operational choices, and the board simply rubber-stamps these decisions. In this scenario, while the board has legal authority, the individual in fact exercises control over the company. This distinction can be important in cases involving corporate liability or governance disputes.

• Example 3: An Unregistered Easement

  Suppose a homeowner has been using a path across their neighbor's property to access a public road for over thirty years, openly and without permission, and the neighbor has never objected. Even if there is no formal, registered legal document (an easement) granting this right, the homeowner might argue that they have an easement en fait. This means that, in fact, a right of way has been established through long-standing practice and usage, which could potentially be recognized by a court despite the lack of formal legal paperwork.