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De Facto vs De Jure – Difference between De Facto and De Jure Guardian

By BYJU'S Exam Prep

Updated on: November 14th, 2023

The difference between De Facto and De Jure Guardian is that the former describes methods that exist in reality, even though regulations do not officially acknowledge them, whereas De Jure defines legally recognized traditions, regardless of whether they exist. Another striking difference elucidating the points of De Facto vs De Jure is that the former is renowned as factual recognition while the latter has its name as legal recognition.

Difference between De Facto and De Jure Guardian PDF

The facts of the De facto vs. De Jure are based on government; while De Facto recognition would maintain two rival governments, De Jure recognition would have only one government. Walk through the article below to learn more about the points highlighting the difference between De Facto and De Jure Guardian, their meanings and definitions.

Difference between De Facto and De Jure Guardian

Understanding the points highlighting the De Facto Vs De Jure is significant as both legal terms describe the status of prominent positions held by the important stakeholders of the Indian Government.

While De Facto refers to factual recognition, De Jure refers to legal recognition. To better understand the difference between De Facto and De Jure Guardian, take a look at the table below:

De Facto vs De Jure

Difference between De Facto and De Jure Guardian

De Facto

De Jure

De Facto is commonly known as factual recognition.

De Jure is commonly known as legal recognition.

The State which has earned De Facto recognition would be maintaining two opposing governments.

The State that has obtained De Jure recognition has one government.

The recognition that is granted by De Facto is based on facts and is not a process of law.

De Jure is a recognition awarded after observing the law.

Diplomatic representatives are usually not transferred to other States, and neither is obtained in States under De Facto conditions.

Diplomatic representatives can be exchanged in De Jure circumstances.

State succession regulations are not suitable for De Facto recognition. This implies that the State cannot annex other states and levy succession regulations in case its own recognition is De Facto.

Under De Jure conditions, the regulations of State succession are functional and implemented in case of such a situation.

A De Facto government cannot recover a public debt or State asset.

A De Jure government holds the position and power to recover a public debt or State asset.

An example of De Facto can be a learner’s driving license.

An example of De Jure is a permanent license.

A De Facto distinction can be withdrawn at any time.

De Jure recognition cannot be removed at any level.

De Jure and De Facto

De Jure represents a state of affairs that is in accord with the law or officially approved, while De Facto is just true in terms of fact and not officially authorized. A De Facto example can be a temporary driving license, while a De Jure example is a permanent license. Read further to understand the real De Jure and De Facto meaning and definitions.

What is De Facto?

De Facto defines procedures or positions that exist in reality in any statute, rule, or government. Even though Indian regulations do not officially acknowledge them, they are existent. De Facto norms are standards in existence.

  • These policies are adopted widely by the industry.
  • The De Facto is renowned for factual recognition.
  • The attainment of De Facto status by a State is solely based on facts and is not dependent on the process of law.
  • The De facto cannot be taken back easily.

What is De Jure?

De Jure, on the other hand, defines procedures that the State lawfully acknowledges. This is regardless of whether the procedure exists in reality or not. The Government attaining the De Jure can recover the State assets and public debts.

  • In addition, De Jure norms are standards according to regulation.
  • A formal norms organization endorses these, authorizing each benchmark through its official policies and supporting it.

Conclusion:

De Facto vs De Jure – Key Differences

The key difference between De Facto and De Jure Guardian is that De Facto is a temporary and factual recognition, whereas De Jure is a permanent and legal recognition. The State which acquires De facto recognition has 2 opposition governments, whereas the State which acquires De Jure recognition has only 1 Government.

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