Legal Definitions - simul et semel

Simul et semel is a Latin phrase that translates to "together and at the same time" or "simultaneously." In legal contexts, it describes actions or events that are considered to happen concurrently or at the exact same moment, often because their legal effect is dependent on their simultaneous occurrence.

Here are some examples to illustrate this concept:

• Real Estate Closing: Imagine a scenario at a property closing where the buyer signs the mortgage documents, the bank releases the loan funds, and the seller hands over the property deed. These three critical actions are typically structured to occur simul et semel.

  This means that the buyer officially takes ownership of the property at the precise moment the bank's funds are secured, and the seller receives payment concurrently with transferring the legal title. This simultaneous exchange ensures that no party is left vulnerable; for instance, the buyer doesn't get the deed without the funds being disbursed, and the seller doesn't transfer ownership without receiving payment.

• Corporate Merger: When two companies merge, the legal dissolution of one company and the absorption of its assets, liabilities, and operations into the surviving entity are often deemed to happen simul et semel.

  This legal principle ensures there is no temporal gap where the assets or liabilities of the dissolving company are in a state of legal limbo. The moment one company ceases to exist as an independent legal entity, its components are simultaneously transferred to the other, guaranteeing a seamless legal transition and preventing any legal or operational discontinuity.

• Execution of Wills: In some legal systems, for a will to be validly executed, the testator (the person making the will) must sign it, and the required witnesses must sign it, all in the presence of each other and within a continuous, uninterrupted sequence. These actions are considered to occur simul et semel.

  This requirement ensures the integrity of the will by confirming that all parties involved in its formal creation were present and aware of the others' actions at the critical moment of its signing. It prevents later disputes about whether the witnesses truly attested to the testator's signature or if the testator was aware of the witnesses' presence.