HOME

TheInfoList




''De facto'' ( ; , "in fact") describes practices that exist in reality, even though they are not officially recognized by laws. It is commonly used to refer to what happens in practice, in contrast with ''
de jure In law and government, ''de jure'' ( ; , "by law") describes practices that are legally recognized, regardless of whether the practice exists in reality. In contrast, ("in fact") describes situations that exist in reality, even if not legally ...
'' ("by law"), which refers to things that happen according to law.


History

In
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whol ...
, it mainly means "practiced, but not necessarily defined by law" or "practiced or is valid, but not officially established". Basically, this expression is opposed to the concept of "de jure" (which means "to define by law") when it comes to law, management or
technology Technology ("science of craft", from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. I ...

technology
(such as standards) in the case of creation, development or application of "without" or "against" instructions, but in accordance with "with practice". When legal situations are discussed, "de jure" means "expressed by law", while "de facto" means action or what is practiced. Similar expressions: "essentially", "unofficial", "in fact", "actually".


Examples


Standards

A 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. s are usually voluntary, such as
ISO 9000 The ISO 9000 family of quality management systems A quality management system (QMS) is a collection of business process A business process, business method or business function is a collection of related, structured activities or tasks Ta ...
requirements, but may be obligatory, enforced by government norms, such as
drinking water quality
drinking water quality
requirements. The term "de facto standard" is used for both: to contrast obligatory standards (also known as "de jure standards"); or to express a dominant standard, when there is more than one proposed standard. In
social sciences Social science is the branch The branches and leaves of a tree. A branch ( or , ) or tree branch (sometimes referred to in botany Botany, also called , plant biology or phytology, is the science of plant life and a branch of biol ...

social sciences
, a voluntary standard that is also a de facto standard, is a typical solution to a
coordination problem A coordination game is a type of simultaneous game found in game theory Game theory is the study of mathematical model A mathematical model is a description of a system A system is a group of Interaction, interacting or interrelated el ...
.Edna Ullmann-Margalit: ''The Emergence of Norms'', Oxford Un. Press, 1977. (or Clarendon Press 1978)


National languages

Several countries, including
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
,
Japan Japan ( ja, 日本, or , and formally ) is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or political entity. It is often referred to as the land of an in ...

Japan
,
Mexico Mexico, officially the United Mexican States, is a country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, who are organi ...

Mexico
, the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
and the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

United States
, have a de facto
national language A national language is a language A language is a structured system of communication Communication (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languag ...
but no official, de jure national language note_that_in_the_UK_since_2011,_and_the_passing_of_the_Welsh_Language_Measure_(Wales)_that_the_Welsh_language_has_official_status_within_the_nation_of_Wales.html" ;"title="Languages of the United Kingdom">note that in the UK since 2011, and the passing of the Welsh Language Measure (Wales) that the Welsh language has official status within the nation of Wales">Languages of the United Kingdom">note that in the UK since 2011, and the passing of the Welsh Language Measure (Wales) that the Welsh language has official status within the nation of Wales Some countries have a de facto national language in addition to an official language. In
Lebanon Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon or the Lebanese Republic, is a country in Western Asia Western Asia, West Asia, or Southwest Asia, is the westernmost subregion A subregion is a part ...

Lebanon
and
Morocco ) , image_map = Morocco (orthographic projection, WS claimed).svg , map_caption = Location of Morocco in northwest Africa.Dark green: Undisputed territory of Morocco.Lighter green: Western Sahara, a United Nations lis ...

Morocco
, the official language is
Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a list of transcontinental countries, transcontinental region ...

Arabic
, but an additional de facto language is also
French French (french: français(e), link=no) may refer to: * Something of, from, or related to France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of co ...

French
. In
New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ...

New Zealand
, the official language is Māori; however,
English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon England, early medieval England, which has eventually become the World language, leading lan ...

English
is a second de facto official language.
Russian Russian refers to anything related to Russia, including: *Russians (русские, ''russkiye''), an ethnic group of the East Slavic peoples, primarily living in Russia and neighboring countries *Rossiyane (россияне), Russian language term ...
was the de facto official language of the central government and, to a large extent,
republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or against ...
governments of the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a that spanned during its existence from 1922 to 1991. It was nominally a of multiple national ; in practice and were highly until its final years. The ...
, but was not declared de jure state language until 1990. A short-lived law, effected April 24, 1990, installed Russian as the sole de jure official language of the Union.


Politics

A de facto
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

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 Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms of Power (social and political), power relations between individuals, such as the distribution of res ...

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 thought by some faction to be held by unlawful, unconstitutional, or otherwise illegitimate means, often because it had deposed a previous leader or undermined the rule of a current one. De facto leaders sometimes do not hold a constitutional office and may exercise power informally. Not all
dictator A dictator is a political leader who possesses absolute power. A dictatorship A dictatorship is a form of government A government is the system or group of people governing an organized community, generally a state. In the ...
s are de facto rulers. For example,
Augusto Pinochet Augusto José Ramón Pinochet Ugarte (, also , , ; 25 November 1915 – 10 December 2006) was a Chilean Army The Chilean Army ( es, Ejército de Chile) is the land arm of the Military of Chile. This 80,000-person army (9,200 of which are con ...

Augusto Pinochet
of
Chile Chile, officially the Republic of Chile, is a country in the western part of South America South America is a entirely in the and mostly in the , with a relatively small portion in the . It can also be described as the southern ...

Chile
initially came to power as the chairperson of a
military junta A military junta () is a government A government is the system or group of people governing an organized community, generally a State (polity), state. In the case of its broad associative definition, government normally consists of ...
, which briefly made him de facto leader of Chile, but he later amended the nation's constitution and made himself president until new elections were called, making him the formal and legal ruler of Chile. Similarly,
Saddam Hussein Saddam Hussein Abd al-Majid al-Tikriti (; Arabic Arabic (, ' or , ' or ) is a Semitic language The Semitic languages are a branch of the Afroasiatic language family originating in the Middle East The Middle East is a lis ...

Saddam Hussein
's formal rule of
Iraq Iraq ( ar, الْعِرَاق, translit=al-ʿIrāq; ku, عێراق, translit=Êraq), officially the Republic of Iraq ( ar, جُمْهُورِيَّة ٱلْعِرَاق '; ku, کۆماری عێراق, translit=Komarî Êraq), is a country i ...

Iraq
is often recorded as beginning in 1979, the year he assumed the Presidency of Iraq. However, his de facto rule of the nation began earlier: during his time as
vice president A vice president, also director in British English, is an officer An officer is a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously apply ...

vice president
; he exercised a great deal of power at the expense of the elderly
Ahmed Hassan al-Bakr Ahmed Hassan al-Bakr ' (1 July 1914 – 4 October 1982) was the fourth President of Iraq The president of Iraq is the head of state A head of state (or chief of state) is the public persona who officially embodies a state (polity), stat ...
, the de jure president. In
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country located mostly in the southern half of South America South America is a continent A continent is any of several large landmasse ...

Argentina
, the successive military coups that overthrew constitutional governments installed de facto governments in
1930–1932
1930–1932
, 1943–1946, 1955–1958, 1966–1973 and 1976–1983, the last of which combined the powers of the presidential office with those of the
National Congress''National Congress'' is a term used in the names of various political parties and legislatures . Political parties *Ethiopia: Oromo National Congress *Guyana: People's National Congress (Guyana) *India: Indian National Congress *Iraq: Iraqi Natio ...

National Congress
. The subsequent legal analysis of the validity of such actions led to the formulation of a doctrine of the de facto governments, a
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
(
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court A court is any person or institution, often as a government inst ...
ial) formulation which essentially said that the actions and decrees of past de facto governments, although not rooted in legal legitimacy when taken, remained binding until and unless such time as they were revoked or repealed de jure by a subsequent legitimate government. That doctrine was nullified by the constitutional reform of 1994. Article 36 states: Two examples of de facto leaders are
Deng Xiaoping Deng Xiaoping (22 August 1904 – 19 February 1997), also known by his courtesy name A courtesy name (), also known as a style name, is a name bestowed upon one at adulthood in addition to one's given name. This practice is a tradition in ...

Deng Xiaoping
of the
People's Republic of China China (), officially the People's Republic of China (PRC; ), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere ...

People's Republic of China
and general
Manuel Noriega Manuel Antonio Noriega Moreno (; February 11, 1934 – May 29, 2017) was a Panamanian politician and military officer who was the ''de facto'' ruler of Panama from 1983 to 1989. An authoritarian ruler who amassed a personal fortune thro ...
of
Panama Panama ( , ; es, link=no, Panamá ), officially the Republic of Panama ( es, República de Panamá), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several ...

Panama
. Both of these men exercised nearly all control over their respective nations for many years despite not having either legal constitutional office or the legal authority to exercise power. These individuals are today commonly recorded as the "leaders" of their respective nations; recording their legal, correct title would not give an accurate assessment of their power. Terms like '' strongman'' or ''dictator'' are often used to refer to de facto rulers of this sort. In the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a that spanned during its existence from 1922 to 1991. It was nominally a of multiple national ; in practice and were highly until its final years. The ...
, after
Vladimir Lenin Vladimir Ilyich Ulyanov. ( 1870 – 21 January 1924), better known by his alias Lenin,. was a Russian revolutionary, politician, and political theorist. He served as the first and founding head of government The head of government is e ...

Vladimir Lenin
was incapacitated from a stroke in 1923,
Joseph Stalin ( – 5 March 1953) was a Georgians, Georgian revolutionary and Soviet political leader who governed the Soviet Union from 1924 until his death in 1953. He held power both as General Secretary of the Communist Party of the Soviet Union (1922–1952 ...
—who, as
General Secretary of the Communist Party General Secretary or First Secretary is the official title of leaders of most Communist political parties. When a Communist party is the ruling party in a Communist-led one-party state A one-party state, single-party state, one-party system, or ...
had the power to appoint anyone he chose to top party positions—eventually emerged as leader of the Party and the legitimate government. Until the
1936 Soviet Constitution The 1936 Constitution of the Soviet Union, also known as the Stalin Constitution, was the constitution of the Soviet Union adopted on 5 December 1936. The 1936 Constitution was the second constitution of the Soviet Union and replaced the 1924 ...
officially declared the Party "...the vanguard of the working people", thus legitimising Stalin's leadership, Stalin ruled the USSR as the de facto dictator. Another example of a de facto ruler is someone who is not the actual ruler but exerts great or total influence over the true ruler, which is quite common in monarchies. Some examples of these de facto rulers are
Empress Dowager Cixi Empress Dowager Cixi ( ; mnc, Tsysi taiheo; formerly romanised Romanization or romanisation, in linguistics Linguistics is the science, scientific study of language. It encompasses the analysis of every aspect of language, as well a ...

Empress Dowager Cixi
of China (for son Tongzhi and nephew
Guangxu Emperor Guangxu (14 August 1871 – 14 November 1908), personal name Zaitian, was the tenth List of emperors of the Qing dynasty, Emperor of the Qing dynasty, and the ninth Qing emperor to rule over China proper. His reign lasted from 1875 to ...

Guangxu
Emperors), Prince Alexander Menshikov (for his former lover Empress
Catherine I Catherine I ( rus, Екатери́на I Алексе́евна Миха́йлова, Yekaterína I Alekséyevna Mikháylova; born , ; – ) was the second wife and Empress consort of Peter the Great Peter the Great ( rus, Пётр Ве ...
of Russia),
Cardinal Richelieu Armand Jean du Plessis, Duke of Richelieu Duke of Richelieu was a title of French nobility. It was created on 26 November 1629 for Cardinal Richelieu, Armand Jean du Plessis de Richelieu (known as Cardinal Richelieu) who, as a Roman Catholic cl ...
of France (for
Louis XIII Louis XIII (; sometimes called the Just; 27 September 1601 – 14 May 1643) was from 1610 until his death in 1643 and (as Louis II) from 1610 to 1620, when the crown of Navarre was merged with the French crown. Shortly before his ninth bi ...
), Queen Elisabeth of Parma (for her husband, King
Philip VPhilip V may refer to: * Philip V of Macedon (221–179 BC) * Philip V of France (1293–1322) * Philip II of Spain, also Philip V, Duke of Burgundy (1526–1598) * Philip V of Spain (1683–1746) {{hndis, Philip 06 ...

Philip V
) and Queen
Maria Carolina of Naples and Sicily
Maria Carolina of Naples and Sicily
(for her husband King
Ferdinand I of the Two Sicilies Ferdinand I (12 January 1751 – 4 January 1825), was the King of the Two Sicilies of the King of the Romans (variant used in the early modern period) File:Nezahualpiltzintli.jpg, Aztec King Nezahualpiltzintli of Texcoco King is the tit ...
). The term "de facto head of state" is sometimes used to describe the office of a governor general in the
Commonwealth realm A Commonwealth realm is a sovereign state A sovereign state is a polity, political entity represented by one centralized government that has sovereignty over a geographic area. International law defines sovereign states as having a perma ...
s, since a holder of that office has the same responsibilities in their country as the de jure head of state (the
sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French ''souverain'', which is ultimately derived from the Latin word ''superānus'', meaning "above". The roles of a sovereign v ...
) does within the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain,Usage is mixed. The Guardian' and Telegraph' use Britain as a synonym for the United Kingdom. Some prefer to use Britain as shorth ...

United Kingdom
. In the
Westminster system The Westminster system or Westminster model is a type of parliamentary A parliamentary system or parliamentary democracy is a system of democratic Democrat, Democrats, or Democratic may refer to: *A proponent of democracy Democracy ...
of government,
executive Executive may refer to: Role, title, or function * Executive (government) The executive (short for executive branch or executive power) is the part of government A government is the system or group of people governing an organiz ...
authority is often split between a de jure executive authority of a
head of state A head of state (or chief of state) is the public persona A persona (plural personae or personas), depending on the context, can refer to either the public image of one's personality, or the social role that one adopts, or a fictional ch ...
and a de facto executive authority of a
prime minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...
and
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
who implement executive powers in the name of the de jure executive authority. In the United Kingdom, the
Sovereign Sovereign is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French ''souverain'', which is ultimately derived from the Latin word ''superānus'', meaning "above". The roles of a sovereign v ...
is the de jure executive authority, even though executive decisions are made by the indirectly elected
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...
and her
Cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...
on the Sovereign's behalf, hence the term
Her Majesty's Government ga, Rialtas na Ríochta Aontaithe sco, Govrenment o the Unitit Kinrick , image = HM Government logo.svg , image_size=220px, date_established = , state = United Kingdom The United Kingdom of Great Britain and Northern Ireland, comm ...
. The de facto boundaries of a country are defined by the area that its government is actually able to enforce its laws in, and to defend against encroachments by other countries that may also claim the same territory de jure. The
Durand Line The Durand Line ( ps, د ډیورنډ کرښه; ur, ) forms the Afghanistan–Pakistan border, a international land border Borders are boundaries of or legal s, such as s, , , and other . Borders are established through agreements betwe ...
is an example of a de facto boundary. As well as cases of
border dispute A territorial dispute or boundary dispute is a disagreement over the possession or control of land between two or more political entities A polity is an identifiable political entity—any group of people who have a collective identity A col ...
s, de facto boundaries may also arise in relatively unpopulated areas in which the border was never formally established or in which the agreed border was never surveyed and its exact position is unclear. The same concepts may also apply to a boundary between provinces or other subdivisions of a
federal state A federation (also known as a federal state) is a political entity A polity is an identifiable political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, ...

federal state
.


Segregation

In South Africa, although de jure
apartheid Apartheid (South African English South African English (SAfrE, SAfrEng, SAE, en-ZA) is the set of English language dialects native to South Africans. History British British may refer to: Peoples, culture, and language * B ...

apartheid
formally began in 1948, de facto racist policies and practices discriminating against black South Africans, Coloureds, and Indians dated back decades before.Leach, Graham (1986). ''South Africa: no easy path to peace.'' Routledge. p. 68. De facto racial discrimination and
segregation Segregation may refer to: Separation of people * Geographical segregation, rates of two or more populations which are not homogenous throughout a defined space *Educational segegration * Housing segregation * Racial segregation, separation of hum ...
in the United States (outside of the South) until the 1950s and 1960s was simply discrimination that was segregation by law (de jure). "
Jim Crow laws Jim Crow laws were state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspape ...
", which were enacted in the 1870s, brought legal racial segregation against
black Americans African Americans (also referred to as Black Americans or Afro-Americans) are an ethnic group An ethnic group or ethnicity is a grouping of people A people is any plurality of person A person (plural people or persons) is a being t ...
residing in the
American South The Southern United States, also referred to as the Southern States, the American South, Dixie, the Southland, or simply the South, is a geographic and cultural region In geography Geography (from Ancient Greek, Greek: , ''geograph ...
. These laws were legally ended in 1964 by the
Civil Rights Act of 1964 The Civil Rights Act of 1964 () is a landmark civil rights Civil and political rights are a class of rights Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fund ...
.


Other uses

A de facto
monopoly A monopoly (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is approxi ...

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 An oligopoly (from Greek#REDIRECT Greek Greek may refer to: Greece Anything of, from, or related to Greece Greece ( el, Ελλάδα, , ), officially the Hellenic Republic, is a country located in Southeast Europe. Its population is appro ...
and
monopsony In economics Economics () is a social science that studies the Production (economics), production, distribution (economics), distribution, and Consumption (economics), consumption of goods and services. Economics focuses on the behavio ...
are similar in meaning and this is the type of situation that
antitrust Competition law is a law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environmen ...
laws are intended to eliminate.


Relationships

A
domestic partner A domestic partnership is a legal relationship between two individuals who live together "Live Together" is a song recorded by British singer Lisa Stansfield for her 1989 album, ''Affection (Lisa Stansfield album), Affection''. It was written ...
outside
marriage Marriage, also called matrimony or wedlock is a culturally and often legally recognized union between people called spouse A religious marriage. A spouse is a significant other Significant other (SO) is colloquially used as a term ...

marriage
is referred to as a de facto husband or wife by some authorities. In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
and
New Zealand New Zealand ( mi, Aotearoa ''Aotearoa'' (; commonly pronounced by English English usually refers to: * English language English is a West Germanic languages, West Germanic language first spoken in History of Anglo-Saxon Engl ...

New Zealand
, the phrase "de facto" by itself has become a colloquial term for one's domestic partner. In
Australian law The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the ...
, it is the legally recognized, committed relationship of a couple living together (opposite-sex or same-sex). De facto unions are defined in the federal
Family Law Act 1975 The ''Family Law Act 1975'', referred to as the FLA by legal practitioners, is an Act of the Australian Parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislativ ...
. De facto relationships provide couples who are living together on a genuine domestic basis with many of the same rights and benefits as married couples. Two people can become a de facto couple by entering into a registered relationship (i.e.: civil union or domestic partnership) or by being assessed as such by the
Family Court Family courts were originally created to be a Court of Equity A court of equity, equity court or chancery court is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudic ...
or Federal Circuit Court. Couples who are living together are generally recognised as a de facto union and thus able to claim many of the rights and benefits of a married couple, even if they have not registered or officially documented their relationship, although this may vary by state. It has been noted that it is harder to prove de facto relationship status, particularly in the case of the death of one of the partners. In April 2014, a federal court judge ruled that a heterosexual couple who had a child and lived together for 13 years were not in a de facto relationship and thus the court had no jurisdiction to divide up their property under family law following a request for separation. In his ruling, the judge stated "de facto relationship(s) may be described as ‘marriage like’ but it is not a marriage and has significant differences socially, financially and emotionally." The above sense of de facto is related to the relationship between common law traditions and formal (statutory, regulatory, civil) law, and
common-law marriage Common-law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals A tribunal, generally, is any person or institution with authority to ...
s. Common law norms for settling disputes in practical situations, often worked out over many generations to establishing
precedent A precedent is a principle or rule established in a previous legal case A legal case is in a general sense a dispute between opposing parties which may be resolved by a court A court is any person or institution, often as a government inst ...
, are a core element informing decision making in legal systems around the world. Because its early forms originated in England in the Middle Ages, this is particularly true in Anglo-American legal traditions and in former colonies of the British Empire, while also playing a role in some countries that have mixed systems with significant admixtures of civil law.


Relationships not recognised outside Australia

Due to Federalism in Australia, Australian federalism, de facto partnerships can only be legally recognised whilst the couple lives within a state in Australia. This is because the power to legislate on de facto matters relies on referrals by States to the Commonwealth in accordance with Section 51(xxxvii) of the Australian Constitution, where it states the new federal law can only be applied back within a state. There must be a nexus between the de facto relationship itself and the Australian state. If an Australian de facto couple moves out of a state, they do not take the state with them and the new federal law is tied to the territorial limits of a state. The legal status and rights and obligations of the de facto or unmarried couple would then be recognised by the laws of the country where they are ordinarily resident. See the section on Family Court of Australia for further explanation on jurisdiction on de facto relationships. This is unlike marriage and "matrimonial causes" which are recognised by sections 51(xxi) and (xxii) of the Constitution of Australia and internationally by marriage law and conventions, International matrimonial law, Hague Convention on Marriages (1978).Hague Convention on Marriages 1978
/ref>


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 Common-law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals A tribunal, generally, is any person or institution with authority to ...
, 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; but common law marriages are otherwise valid and recognised by and in all jurisdictions whose rules of comity mandate the recognition of any marriage that was legally formed in the jurisdiction where it was contracted.


Family law – custody

De facto joint 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.What you should know about Family Law in Ontario
''Attorney General''


Sports

Examples of a de facto General Manager in sports include Syd Thrift who acted as the GM of the Baltimore Orioles between 1999 and 2002. Bill Belichick, the head coach of the New England Patriots in the NFL does not hold the official title of GM, but serves as de facto general manager as he has control over NFL Draft, drafting and other personnel decisions.


Other uses of the term

In finance, the World Bank has a pertinent definition:
A "de facto government" comes into, or remains in, power by means not provided for in the country's constitution, such as a coup d'état, revolution, usurpation, abrogation or suspension of the constitution.
A de facto state of war is a situation where two nations are actively engaging, or are engaged, in aggressive military actions against the other without a formal declaration of war. In engineering, 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 consists 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.


See also

* Fact * List of Latin phrases (D) * Unenforced law


References

{{DEFAULTSORT:De Facto Latin legal terminology Latin words and phrases