Civil Procedure
Ipso Jure
Latin for "by the law itself." A legal consequence that follows automatically by operation of law, without any additional act or order being required.
Legal Definition
Ipso jure describes legal effects that occur automatically — prescription extinguishing a debt, a marriage creating community of property, or a void contract being ineffective from the outset. No court order, declaration, or act of the parties is needed for the consequence to follow. This contrasts with voidable acts, which are valid until set aside by a court.
📖 Constitutional / Statutory Basis: Section 34 (access to courts — understanding automatic legal effects)
Practical Example
When a debt prescribes, it is extinguished ipso jure — the debtor does not need to go to court to have it declared prescribed. The debt simply no longer exists in law.
Frequently Asked Questions
What is the difference between void and voidable in South African law?
A void contract is invalid ipso jure — it has no legal effect from the beginning. A voidable contract is valid until it is set aside by one of the parties (e.g., by rescission for misrepresentation). Courts must be asked to set aside a voidable contract; a void contract needs no such order.
Is prescription raised automatically by courts in South Africa?
No — despite prescription operating ipso jure, a court will not apply it unless the debtor pleads it as a special plea. If the debtor does not plead prescription, the court will proceed as if the debt is valid.
Related Terms
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