Ipso iure
Ipso iure ( Latin for "through the law itself"; German spelling according to Duden ipso jure , German equivalent by law (v. R. w.), Also "by virtue of law ") is a Latin phrase in jurisprudence , according to which a legal Effect or a legal success occurs without any further action on the part of those involved.
A good example of an ipso iure effect in Germany is the accrual of an inheritance : the only requirement here is the death of the testator. At the same moment the heir or heirs move into the position of the testator, simply because the law so determines, whether he or she initially wants it or not.
Another example of the Ipso-jure system is in Germany the monument . All objects are under monument protection by law that meet the criteria defined in the law. As a result, it is possible that not only previously undiscovered ground monuments, but also buildings are under monument protection and that the free disposal of their property guaranteed by the Basic Law is restricted for the respective owners without their knowledge , because the property's social obligation is activated by the monument property .
The German equivalent by law can be found as a formula, for example, in judgments of German courts.
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Individual evidence
- ↑ ipso jure. In: Duden - spelling, meaning, definition, origin. Retrieved March 13, 2019 .