Sentences with phrase «by operation of law»

The duty automatically exists by operation of law in every insurance contract.

The stay is automatic, meaning that arises by operation of law upon filing for bankruptcy.

Life insurance is based in contract law, and the proceeds pass by operation of law upon the insured's death.

In any event, the security interest was discharged by operation of law when the power of sale was completed.

If you intend to keep the property, it is important to understand that the automatic stay expires by operation of law after you receive your discharge.

A missed payment becomes a judgment by operation of law.

As a result, the motion is automatically deemed to have been denied by operation of law.

All liabilities transfer to the buyer by operation of law, wanted or not.

For this purpose «member» includes trustees in bankruptcy and other people who have been transferred shares by operation of the law.

To the extent that resulting trusts are seen as arising by operation of law, they are really just a sub - species of constructive trust.

within 7 days of their having received service of same) then the PROHIBITION MUST BE REVOKED by the operation of law.

In an email, O'Donnell said her office sealed cases «in accordance with the direction of a sealing order as issued by the courts, or by operation of law for designated case types.»

The cancellation or annulment of a transaction or contract by the operation of a law or by mutual consent.

Those assets, which included Mrs. Seepa's bank accounts, passed to Eric by operation of law on Mrs. Seepa's death.

Even if national law does not provide for enforceability by operation of law of a judgment granting access rights, the court of origin may declare that the judgment shall be enforceable, notwithstanding any appeal.

1 The attribution or extinction of parental responsibility by operation of law, without the intervention of a judicial or administrative authority, is governed by the law of the State of the habitual residence of the child.

[16] The Fixed - term Parliaments Act 2011, in contrast, calls for general elections every five years (unless called sooner, as in 2017), and provides for dissolution of Parliament only by operation of law prior to each election; it abolished dissolution under the Royal Prerogative.

«If the prosecution is successful, then Abelove would lose his position by operation of law,» Lieberman said.

Assets owned in joint tenancy with right of survivorship will pass by operation of law at death to the surviving joint tenants.

HUD interprets the word «sale» to include any post-death conveyance of the mortgage property (even by operation of law) to the borrower's estate or heirs (including a surviving spouse who is not obligated on the HECM note).»

In Chapter 7 bankruptcy, a typical credit card debt is listed in the bankruptcy filing and discharged by operation of law if the person filing bankruptcy complies with all requirements such as attending the meeting of creditor and taking the post filing debtor education course.

«Many frequent flier programs expressly state that miles or points are not property of the member, and are not transferable by operation of law to any person or entity,» Connolly says.

located in an area of the outer Continental Shelf that is unavailable for oil and gas or natural gas leasing by operation of law;

The client's emotional state has a significant impact on the advice given about options for settlement; I have consistently found that the further my clients moved toward accepting both the end of their relationship and the parameters imposed by operation of law, the more opportunities for compromise and settlement arise.

Once the final order is entered, the temporary order for the payment of spousal maintenance automatically terminates by operation of law, referred to as «merger.»

Jamie Butler ensured that the appeal was indeed launched within the 7 days of service of the Notice of Driving Prohibition and made the appropriate submissions to have this driving prohibition successfully appealed by operation of law.

Terms can be implied by operation of law.

As a matter of principle the Non-International Rules applied by operation of law and could not be ousted by reference to domestic law or rules of evidence.

Someone who is, or is presumed to be, a parent, continues to be a parent until that status is legally terminated (usually in a legal proceeding, but sometimes by operation of law).

The Court of Appeal dismisses the appeal; finds LIBR is the general rule for allocating funds among innocent beneficiaries in circumstances where there is a shortfall in a trust account or in an account that has been impressed with a constructive trust by operation of law.

The rights of custody mentioned in sub-paragraph a) above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.

Because contrary state laws for which an exception is available only under section 1178 (a)(2)(A) will be preempted by operation of law unless and until the Secretary acts to grant an exception, there will be an ascertainable compliance standard for compliance purposes, and enforcement action would be appropriate where such compliance did not occur.

In this section, «claimant's fault» includes the fault imputed or attributed to a claimant by operation of law, if any.

Nick Knapman & Stephen Dean ask how unequivocal is «unequivocal conduct» when it comes to surrender by operation of law

Certain review contexts preclude off - premise review altogether by operation of law.

Here is the news release from the Premier of Ontario about the Ontario statutes from 2002 that were proclaimed in force and the others that are now repealed by operation of law.