Legal Definitions - ex solemnitate

Ex solemnitate is a Latin legal phrase that means "on account of its being required as a solemnity." In plain language, this term describes a situation where a specific, formal procedure or set of steps *must* be followed for a legal act or document to be considered valid and legally binding. If these mandatory formalities are not observed, the intended legal effect or outcome will typically not be recognized by the law.

Here are some examples to illustrate this concept:

• Example 1: The Execution of a Will

  For a will to be legally valid in most jurisdictions, it must be in writing, signed by the person making the will (the testator), and witnessed by a specific number of individuals (often two) who also sign the document in the testator's presence. If someone writes down their wishes for their property after their death but fails to have the document properly witnessed and signed according to legal requirements, that document might not be recognized as a valid will. The requirements for signing and witnessing are mandated ex solemnitate; without them, the document lacks legal force, and the deceased person's assets would be distributed according to the laws of intestacy (dying without a valid will).

• Example 2: Transferring Ownership of Real Estate

  When someone sells or transfers ownership of a piece of land or a house, the transaction typically requires a formal written document called a deed. This deed must be signed by the seller (grantor), often witnessed, notarized, and then officially recorded in a public land registry. A simple verbal agreement to sell property, or even a handwritten note without these specific formalities, is generally not sufficient to legally transfer ownership. The requirement for a formal, written, signed, and recorded deed is an act mandated ex solemnitate, ensuring clarity and public record of property ownership.

• Example 3: Entering into a Marriage

  In many legal systems, for a marriage to be legally recognized, it must be solemnized through a formal ceremony conducted by an authorized officiant (such as a judge, minister, or justice of the peace), often in the presence of witnesses. While two people might consider themselves married and live together, if they have not undergone the legally prescribed ceremony and obtained a marriage license, their union may not be recognized as a legal marriage. The formal ceremony and the involvement of an authorized officiant are requirements ex solemnitate, establishing the legal status of the union.