The term "operative part" is primarily used within the legal and legislative fields to refer to the core or essential portion of a document, such as a statute, contract, or court decision, which outlines the primary rights, obligations, or provisions that are enforceable or have substantive legal effect. It represents the core component that sets out the specific actions, requirements, or principles that are to be followed or abide by.
In a statute, the operative part is the section that contains the specific provisions or rules that establish the legal requirements or conditions for the law's implementation. This portion typically defines individual rights, duties, and prohibitions, and provides clarity on the legal consequences of non-compliance.
Similarly, in a contract, the operative part outlines the central terms, obligations, and rights that govern the parties' relationship and define the scope and purpose of the agreement. It typically covers aspects such as payment, delivery, performance, duration, and dispute resolution.
Within a court decision, the operative part refers to the section that provides the final verdict or judgment and sets out the specific actions, remedies, or orders that are to be applied following the court's decision.
Overall, the operative part within legal and legislative documents serves as the crux and foundation, determining the enforceable provisions that guide actions, obligations, and rights.
