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French: "plein droit"

English translation: by operation of law







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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:"plein droit"
English translation:by operation of law
Entered by:Sophie Duggan
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11:32pm May 19, 2004Login or register (free) for more options.
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: "plein droit"
This one crops up often, e.g. "domicile est elu de plein droit". Literally translated I'd go with "as a matter of full law", but this looks a bit soggy. Anyone out there with a sharper view?
Sophie Duggan
United Kingdom
by operation of law
Explanation:
MSN Encarta - Related Items - Husband and Wife
... criminal acts. dissolution of marriage. domicile by operation of law. dowry. marriage
and divorce rates around the world. marriage restrictions in various cultures. ...
encarta.msn.com/related_761575580_8/ domicile_by_operation_of_law.html - 31k - Cached - Similar pages

Legal Definition of Domicile
... A good indication of domicile is where a person registers to vote. ... 2. The domicil
by operation of law, or necessary domicil. 3. Domicil of choice. ...
www.lectlaw.com/def/d071.htm - 7k - Cached - Similar pages

AGLO_1970_No_070
... There are generally two means by which a person's domicile may be established:
domicile by choice and domicile by operation of law. ...
www.atg.wa.gov/opinions/AGLOs/ 1970/opinion_1970_070.html - 38k - Cached - Similar pages

Legal Info-Panama: Formation and operation of panamanian ...
... Panama or elsewhere, as well as the name and domicile of its ... of Incorporation thereof,
and subject to limitations imposed by operation of Law and restrictions ...
www.legalinfo-panama.com/english/corproc_I.htm - 30k - Cached - Similar pages

Domicile - Questions & Answers
... At birth we have the domicile of our parents, by operation of law -- without any
choice in the matter, and until we are free to leave home we acquire any new ...
www.jagcnet.army.mil/.../ 0/30e41e4b793bc07d852568b400406c3f?OpenDocument&ExpandSection=3 - 6k - Cached - Similar pages

Domicile - Questions & Answers
... In the 1900's, when a woman married a man from a different state, the woman
became a legal resident of the man's domicile by operation of law. ...
www.jagcnet.army.mil/.../ 0/30e41e4b793bc07d852568b400406c3f?OpenDocument&ExpandSection=9 - 7k - Cached - Similar pages

Residency Manual :: Definition of Terms
... By operation of law, as in the case of a minor, whose domicile, in most cases,
is presumed conclusively to be that of his or her parents (actual physical ...
regweb.oit.unc.edu/residency/manual_terms.php - 12k - Cached - Similar pages

Domicil legal definition of Domicil. What is Domicil? Meaning of ...
... Rep. tit. Domicile; 1 Binn. 349, n.; 4 Humph. ... domicilium originis vel naturale. 2.
The domicil by operation of law, or necessary domicil. 3. Domicil of choice. ...
legal-dictionary.thefreedictionary.com/Domicil - 20k - Cached - Similar pages

MA DOR - Guide to Taxes - Personal - definition
... It may be a domicile of origin (birth), a domicile by operation of law
or a domicile of choice (accomplished by a change of residence);; ...
www.massdor.com/help/guides/abate_amend/ personal/issues/definition.htm - 19k - Cached - Similar pages

[PDF] ORDER CORRECTING OMISSION IN ORDER CHANGE IN DOMICILE OR RESIDENCE ...
File Format: PDF/Adobe Acrobat - View as HTML
... The domicile or residence of a minor child shall not be removed from the ... Unpaid
support is a lien on a payer's property by operation of law and the payer's ...
www.courts.michigan.gov/scao/courtforms/ domesticrelations/focgeneral/foc94.pdf - Similar pages
Selected response from:

Marian Greenfield
United States
Note from asker to answerer
"by operation of law" is perfect: it describes the default decision of the law in the absence of any express contractual provision.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2by operation of law
Marian Greenfield
5 +1automatically, naturally, as a matter of course, by rightsBourth
4 +1by rights
SwissTell
3common law domicile
Marc Van Gastel


  


Answers

14 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
by operation of law

Explanation:
MSN Encarta - Related Items - Husband and Wife
... criminal acts. dissolution of marriage. domicile by operation of law. dowry. marriage
and divorce rates around the world. marriage restrictions in various cultures. ...
encarta.msn.com/related_761575580_8/ domicile_by_operation_of_law.html - 31k - Cached - Similar pages

Legal Definition of Domicile
... A good indication of domicile is where a person registers to vote. ... 2. The domicil
by operation of law, or necessary domicil. 3. Domicil of choice. ...
www.lectlaw.com/def/d071.htm - 7k - Cached - Similar pages

AGLO_1970_No_070
... There are generally two means by which a person's domicile may be established:
domicile by choice and domicile by operation of law. ...
www.atg.wa.gov/opinions/AGLOs/ 1970/opinion_1970_070.html - 38k - Cached - Similar pages

Legal Info-Panama: Formation and operation of panamanian ...
... Panama or elsewhere, as well as the name and domicile of its ... of Incorporation thereof,
and subject to limitations imposed by operation of Law and restrictions ...
www.legalinfo-panama.com/english/corproc_I.htm - 30k - Cached - Similar pages

Domicile - Questions & Answers
... At birth we have the domicile of our parents, by operation of law -- without any
choice in the matter, and until we are free to leave home we acquire any new ...
www.jagcnet.army.mil/.../ 0/30e41e4b793bc07d852568b400406c3f?OpenDocument&ExpandSection=3 - 6k - Cached - Similar pages

Domicile - Questions & Answers
... In the 1900's, when a woman married a man from a different state, the woman
became a legal resident of the man's domicile by operation of law. ...
www.jagcnet.army.mil/.../ 0/30e41e4b793bc07d852568b400406c3f?OpenDocument&ExpandSection=9 - 7k - Cached - Similar pages

Residency Manual :: Definition of Terms
... By operation of law, as in the case of a minor, whose domicile, in most cases,
is presumed conclusively to be that of his or her parents (actual physical ...
regweb.oit.unc.edu/residency/manual_terms.php - 12k - Cached - Similar pages

Domicil legal definition of Domicil. What is Domicil? Meaning of ...
... Rep. tit. Domicile; 1 Binn. 349, n.; 4 Humph. ... domicilium originis vel naturale. 2.
The domicil by operation of law, or necessary domicil. 3. Domicil of choice. ...
legal-dictionary.thefreedictionary.com/Domicil - 20k - Cached - Similar pages

MA DOR - Guide to Taxes - Personal - definition
... It may be a domicile of origin (birth), a domicile by operation of law
or a domicile of choice (accomplished by a change of residence);; ...
www.massdor.com/help/guides/abate_amend/ personal/issues/definition.htm - 19k - Cached - Similar pages

[PDF] ORDER CORRECTING OMISSION IN ORDER CHANGE IN DOMICILE OR RESIDENCE ...
File Format: PDF/Adobe Acrobat - View as HTML
... The domicile or residence of a minor child shall not be removed from the ... Unpaid
support is a lien on a payer's property by operation of law and the payer's ...
www.courts.michigan.gov/scao/courtforms/ domesticrelations/focgeneral/foc94.pdf - Similar pages


Marian Greenfield
United States
Native speaker of: Native in EnglishEnglish
PRO pts in category: 77
Note from asker to answerer
"by operation of law" is perfect: it describes the default decision of the law in the absence of any express contractual provision.

Peer comments on this answer (and responses from the answerer)
agree writeaway: was also on Eurodicatom in a financial context but it certainly does check out.
25 mins

agree Kim Metzger
41 mins
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11 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
by rights

Explanation:
hope this one is less soggy

--------------------------------------------------
Note added at 1 hr 21 mins (2004-05-20 00:53:26 GMT)
--------------------------------------------------

a note to those detractors: Bourth also mentions \"by rights\". So
why don\'t you disagree there? Shows again your clear personal animosity.


    Reference: http://europa.eu.int/eurodicautom/
SwissTell
United States
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 47

Peer comments on this answer (and responses from the answerer)
agree Vicky Papaprodromou
2 mins
  -> thanks, Vicky

agree Ségolène Neilson
18 mins
  -> merci, chaplin

neutral writeaway: that was the first one listed on eurodicatom but am not so sure it applies to this context. domicile by rights? http://www.proz.com/kudozrules: Please do read no. 3. have you tried Googling "elect domicile by rights?".
27 mins
  -> you can disagree with ME as often as you like, but it is unfair to imply that the agreeing peers are all wrong too

disagree Kim Metzger: "By rights" is not a legal term.
44 mins
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10 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
de plain droit common law domicile

Explanation:
Just to check out.

It also applies to residence, check common law residence, meaning that the actual place where you live becomes your legal residence because of custom and fact...

Hence your domicile or residence could be a common law domicile or residence.



Marc Van Gastel
Belgium
Works in field
Native speaker of: Native in DutchDutch
PRO pts in category: 4
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
automatically, naturally, as a matter of course, by rights

Explanation:
These are often the meanings of "de plein droit" and I see no reason why they wouldn't apply here i.e. why something sounding more legalistic would be required.

--------------------------------------------------
Note added at 1 hr 11 mins (2004-05-20 00:43:34 GMT)
--------------------------------------------------

A défaut d\'élection de domicile, celui-ci sera
censé être élu de plein droit au siège social. Néanmoins ...
www.solvay-investors.com/static_files/ attachments/statuts_fr_030605.doc

--------------------------------------------------
Note added at 17 hrs 59 mins (2004-05-20 17:31:28 GMT)
--------------------------------------------------

Comment:
Just because \"de plein droit\" contains the word \"droit\", which one is easily tempted, de plein droit - automatically, quite naturally, perfectly rightfully, and as a matter of course - to associate with \"law\", I don\'t think the expression is necessarily legalistic here, if at all.

Bourth
France
Native speaker of: Native in EnglishEnglish
PRO pts in category: 362

Peer comments on this answer (and responses from the answerer)
neutral writeaway: saw them all too-but they don't all come out in the wash when combined with elect domicile. de plein droit also means ipso jure-but I don't see that fitting in either
34 mins
  -> If you look at the four (4!) GGLs for the expression, it really is pretty meaningless.

agree Rebecca Lowery: I'd go for automatically in the sentence given above. And automatically/by rights etc. is a legal term!!!
7 hrs
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