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De jure (em latim clássico, de iure[ 1]) é uma expressão latina que significa "pela lei", "pelo direito", em contraste com de facto, que significa algo que é praticado e assim tornado factual. Por exemplo, se um país é independente de jure, podemos dizer que é independente teoricamente ou independente em princípio (como San Marino e ...
De facto (pronúncia: [deː ˈfaktoː] [1]) é uma expressão latina que significa "na prática", tendo como expressão antónima a de jure, que significa "pela lei" ou "na teoria". Esta difere do advérbio comum corrente no espanhol e no português europeu "de facto" (ou "de fato", no português brasileiro) pelo seu significado jurídico.
Reconhecimento diplomático no direito internacional público é um ato político unilateral, com consequências legais domésticas e internacionais, no qual um país reconhece um ato ou estatuto de outro Estado ou governo. O reconhecimento pode ser conferido como de facto ou de jure, geralmente por um documento do governo reconhecedor.
- Jurisprudence and de Facto Law
- Technical Standards
- Government and Culture
- De Facto State of War
- Marriage and Domestic Partnerships
- Business
- See Also
In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law." By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law." For example, if a particular law exists in one jurisdiction, but is followed in another whe...
A de facto standard is a standard (formal or informal) that has achieved a dominant position by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardization process, and may not have an official standards document. Technical standards are usually voluntary, such as ISO 9000 requirements, b...
National languages
Several countries, including Australia, Japan, Mexico, the United Kingdom and the United States, have a de facto national languagebut no official, de jure national language. Some countries have a de facto national language in addition to an official language. In Lebanon and Morocco, Arabic is an official language (in addition to Tamazight in the case of Morocco), but an additional de facto language is also French. In New Zealand, the official languages are Māori and New Zealand Sign Language;...
Governance and sovereignty
A de facto government is a government wherein all the attributes of sovereignty have, by usurpation, been transferred from those who had been legally invested with them to others, who, sustained by a power above the forms of law, claim to act and do really act in their stead. In politics, a de facto leader of a country or region is one who has assumed authority, regardless of whether by lawful, constitutional, or legitimate means; very frequently, the term is reserved for those whose power is...
Most commonly used to describe large scale conflicts of the 20th century, the phrase de facto state of war refers to a situation where two nations are actively engaging, or are engaged, in aggressive military actions against the other without a formal declaration of war.
Relationships
A domestic partner outside marriageis referred to as a de facto husband or wife by some authorities.
Non-marital relationship contract
A de facto relationship is comparable to non-marital relationship contracts (sometimes called "palimony agreements") and certain limited forms of domestic partnership, which are found in many jurisdictions throughout the world. A de facto Relationship is not comparable to common-law marriage, which is a fully legal marriage that has merely been contracted in an irregular way (including by habit and repute). Only nine U.S. states and the District of Columbia still permit common-law marriage; b...
Family law – custody
De factojoint custody is comparable to the joint legal decision-making authority a married couple has over their child(ren) in many jurisdictions (Canada as an example). Upon separation, each parent maintains de facto joint custody, until such time a court order awards custody, either sole or joint.
Monopoly
A de facto monopoly is a system where many suppliers of a product are allowed but the market is so completely dominated by one that the other players are unable to compete or even survive. The related terms oligopoly and monopsony are similar in meaning and this is the type of situation that antitrustlaws are intended to eliminate.
Finance
In finance, the World Bankhas a pertinent definition:
Intellectual property
In engineering, de facto technology is a system in which the intellectual property and know-how is privately held. Usually only the owner of the technology manufactures the related equipment. Meanwhile, a standard technologyconsists of systems that have been publicly released to a certain degree so that anybody can manufacture equipment supporting the technology. For instance, in cell phone communications, CDMA1X is a de facto technology, while GSM is a standard technology.
In law and government, de jure (/ d eɪ ˈ dʒ ʊər i, d i-,-ˈ jʊər-/, Latin: [deː ˈjuːre]; lit. ' by law ') describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, de facto ('in fact') describes situations that exist in reality, even if not formally recognized. Examples
De jure, legal concept that refers to what happens according to the law, in contrast to de facto (Latin: “from the fact”), which is used to refer to what happens in practice or in reality. For example, a de jure leader has the legal right to authority over a jurisdiction, but a de facto leader is.
De facto, a legal concept used to refer to what happens in reality or in practice, as opposed to de jure (“from the law”), which refers to what is actually notated in legal code. For example, a de facto leader is someone who exerts authority over a country but whose legitimacy is broadly rejected,
