Legal Definitions - operative

In a legal context, the term operative refers to something that is currently active, legally binding, or essential to the meaning or effect of a document, agreement, or situation. It points to the part that makes a legal instrument effective or the word or phrase that carries the most significant meaning.

Here are some examples to illustrate this concept:

• Imagine a city council passes a new ordinance regarding noise levels in residential areas. The ordinance might state that it will become operative 30 days after its official publication. This means that for the first 30 days, the new rules are not yet legally enforceable. Only after that period has passed do the provisions of the ordinance gain legal force and effect, making them binding on residents.

• Consider a real estate purchase agreement. There might be several conditions that need to be met before the sale can proceed, such as a satisfactory home inspection or the buyer securing financing. The clause stating that "this agreement is contingent upon the buyer obtaining a mortgage approval by [date]" is an operative provision. If this condition is not met, that specific clause prevents the entire transaction from moving forward, demonstrating its essential role in giving effect to the sale.

• When a court interprets a statute, the precise wording is crucial. For instance, if a law states that a certain action "may" be taken by an agency, it grants discretion. However, if it states the agency "shall" take that action, it imposes a mandatory duty. In such a scenario, whether the word "may" or "shall" is used becomes the operative word, as it fundamentally dictates the agency's legal obligations and powers, thereby being essential to the statute's meaning.