De facto

The term de facto is a Latin expression used to denote a state of affairs or an act that exists or occurs in reality, even if it has not been established by law. In Dutch law, de facto is frequently contrasted with de jure, which describes the legal or statutory position.

This distinction is relevant in various fields of law, such as family law, administrative law and international law, where factual circumstances may give rise to legal consequences. Thus, a de facto situation may lead to entitlements to maintenance, rights of residence or administrative liability.

In practice, lawyers use the term to highlight the gap between the statutory framework and the actual circumstances when advising clients or conducting proceedings.