Legal Definitions - self-determination contract

Self-executing describes a legal document, law, or agreement that becomes effective and enforceable on its own, without requiring any additional actions, legislation, or procedures to be put into force. It is immediately operational upon its creation, ratification, or the occurrence of a specified condition.

• Example 1: A Properly Executed Will

  Imagine a person creates a detailed will outlining how their property and assets should be distributed among their heirs. The will is signed, witnessed, and notarized according to all legal requirements in their state.

  This will is self-executing upon the person's death. Once the individual passes away, the will immediately dictates the distribution of assets as specified. No further legislative action or separate court decree is needed to make its provisions legally binding; the will itself, once validly executed, is the operative document that takes effect.

• Example 2: A Lease Agreement Clause

  Consider a commercial lease agreement between a business owner and a landlord. A specific clause in the lease states that if the monthly rent is not paid by the 5th day of the month, a late fee of $100 will be automatically applied to the tenant's account.

  This late fee clause is self-executing. The landlord does not need to send a separate notice, obtain a court order, or take any other specific action for the late fee to be incurred. The moment the rent payment is late, the contract provision automatically triggers the $100 charge, making it immediately due.

• Example 3: A Constitutional Amendment

  The 13th Amendment to the U.S. Constitution states, "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

  Upon its ratification, this amendment was self-executing. It immediately and directly abolished slavery throughout the United States. It did not require Congress to pass additional laws to make slavery illegal; the amendment itself had the immediate legal effect of ending the institution, without the need for further implementing legislation.