Legal Definitions - provisione legis

The term provisione legis is a Latin phrase meaning by provision of law.

It refers to situations where a legal outcome, right, or obligation arises automatically and directly from existing laws or statutes, rather than from an agreement between parties, a specific decision by an individual, or a discretionary act by an authority. Essentially, something happens "provisione legis" because the law itself dictates it.

Here are some examples illustrating this concept:

• Example 1: Inheritance Without a Will

  If a person dies without leaving a valid will (known as dying intestate), the distribution of their assets is not left to chance or family agreement. Instead, state laws of intestacy automatically determine which relatives inherit the property and in what proportions.

  This distribution occurs provisione legis because the legal framework for inheritance dictates the outcome, irrespective of any specific wishes the deceased might have had (but didn't formalize) or any private arrangements the family might attempt to make.

• Example 2: Automatic Consumer Protections

  When you buy a new appliance, certain implied warranties (like the warranty that the product is fit for its ordinary purpose) are automatically attached to the sale under consumer protection laws, even if the salesperson never mentions them or if there's no written warranty provided by the store.

  These protections exist provisione legis; they are mandated by statute and apply to the transaction by default, ensuring a minimum standard of quality and functionality for consumers.

• Example 3: Statutory Rights of Citizenship

  Upon reaching the age of 18, a citizen of a country automatically gains the right to vote in national elections, without needing to apply for this specific right or have it granted by a government official.

  The eligibility to vote is conferred provisione legis, meaning it arises directly from the legal provisions defining citizenship and age requirements, rather than from a discretionary decision or an individual's specific request.