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Legal Definitions - in est de jure
Definition of in est de jure
The Latin phrase in est de jure refers to something that exists or is recognized by law or as a matter of right, even if it is not explicitly stated, written down, or physically apparent. It signifies a legal implication or a right that is inherently established by a legal status, statute, or principle.
Imagine a person who legally purchases a plot of land. While their deed describes the boundaries, it might not explicitly state that they have the right to walk across their own property or build a fence within their boundaries. These rights are in est de jure; they are inherent to land ownership by law, even if not itemized in the purchase agreement.
Explanation: The right to use and access one's own property is a fundamental aspect of ownership that is legally implied and recognized, rather than needing to be explicitly spelled out in every document.
Consider a corporation's board of directors. The company's bylaws might outline many of their specific duties, but certain fundamental powers, such as the authority to oversee the company's general operations or to appoint officers, are often considered in est de jure. These powers are inherent to their role as a governing body under corporate law.
Explanation: The legal framework for corporations grants certain powers to the board of directors simply by virtue of their position, without every single power needing to be enumerated in the company's foundational documents.
A child born within the borders of a country that grants birthright citizenship automatically acquires citizenship. The rights and responsibilities associated with being a citizen, such as the right to vote (upon reaching age) or the obligation to obey the country's laws, are in est de jure. They exist by virtue of their citizenship status, not because they signed a document agreeing to them at birth.
Explanation: Citizenship, once legally established, automatically confers a set of rights and duties that are recognized by law, without requiring an explicit, individual agreement for each one.
Simple Definition
The Latin phrase "in est de jure" means "it is implied as of right or by law." This concept refers to something that is legally understood or inherent, even if not explicitly stated.
It signifies a right, condition, or fact that exists by operation of law, rather than needing to be expressly agreed upon or written down.