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De Facto and De Jure

The write-up is based on the Introduction about de facto and de jure, an explanation about de facto and de jure, the difference between de facto and de jure, FAQs, Conclusion, and reference.

De Facto

De facto is defined as any position or practice that exists in reality. The ‘de facto’ recognition is referred to as the recognition that is based on ‘a a fact’. These facts are practised originally in law or government but officially the law does not recognize them. De facto are not officially recognized by laws but are practised in a mass. De facto refers to something factual and happens often. The approaches that are put forward by de facto are genuine but not mentioned in the law.

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De Jure

De jure comes from a Latin word that refers to the meanings like legitimate, lawful, or abided by the law. The recognition of De jure is legal and permanent which cannot be denied. It is not only the fact that is performed by the law but is legal and authorized. After following proper procedure of law de jure is acknowledged. State succession rules are applied under De Jure. There is only one government present when the state takes De Jure recognition.

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De Facto and De Jure

The ‘de facto’ recognition is referred to as the recognition that is based on ‘a fact’; whereas The ‘De Jure’ recognition is referred to as the recognition that is only based on ‘law’. De facto are temporary or provisional rules or identification or laws which are temporary and can be withdrawn easily. The de facto government cannot get membership in the United Nations even if most of the people or the majority of the states have recognized that de facto government. De jure are legal recognition and permanent recognition that are fixed or permanent that cannot be withdrawn. The de jure government can get membership in the United Nations when most of the people or the majority of the states have recognized that de jure government.

The difference between De Facto and De Jure is shown below in a tabular format –

Sl. No.De Facto De Jure
1The ‘de facto’ recognition is referred to as the recognition that is based on ‘a a fact’The ‘De Jure’ recognition is referred to as the recognition that is only based on ‘law’
2The acknowledgements that are put forward by de facto are genuine but not mentioned in the lawThe acknowledgements that are put forward by de jure are done after following a proper procedure by the law
3State succession rules cannot be applied de factoState succession rules are applied under De Jure
4De facto are temporary or provisional rules or identification or laws which are temporary and can be withdrawn easilyDe jure are legal recognition and permanent recognition that are fixed or permanent that cannot be withdrawn
5There will be two opposing governments present when the state accepts de facto recognitionThere is only one government present when the state takes De Jure recognition
6By de facto government, public debt or state assets cannot be recoveredBy de jure government, public debt or state assets can be recovered
7In de facto recognition the exchange of diplomatic representatives is not possibleIn de jure recognition the exchange of diplomatic representatives is possible
8The de facto government cannot get membership in the United Nations even if most of the people or the majority of the states have recognized that de facto governmentThe de jure government can get membership in the United Nations when most of the people or the majority of the states have recognized that de jure government
9For example – When one is taking a house for rent is the de facto recognition, because anytime the landlord of the house can come to withdraw the person who is giving rent and staying in that houseFor example – When one is owning a house and staying there is a de jure recognition, because it is permanent and no one can ask him to leave the land or the house

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Conclusion

The ‘de facto’ recognition is referred to as the recognition that is based on ’a fact; whereas The ‘De Jure’ recognition is referred to as the recognition that is only based on ‘law’. De facto is temporary whereas de jure is permanent.

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Frequently asked questions

Get answers to the most common queries related to the UPSC Examination Preparation.

Define de facto with example?

Answer: De facto is defined as any position or practice that exists in reality...Read full

Write a difference between de facto and de jure based on the exchange of diplomatic representatives?

Answer: A difference between de facto and de jure is: De Facto ...Read full

Write two differences between de facto and de jure?

Answer: Two differences between de facto and de jure are: Sl. No. ...Read full