Legal Definitions - utiliter et equivalenter

The Latin phrase utiliter et equivalenter translates to "duly and with equal effect." Historically, this legal principle was applied when an action or process, while perhaps not strictly adhering to every formal requirement, was nevertheless considered valid because it achieved its intended purpose or outcome effectively and equivalently.

In essence, it means that the substance and result of an action were deemed sufficient, even if the exact prescribed form was not perfectly followed, as long as the underlying intent was clear and the desired legal effect was achieved.

• Example 1: A Historically Valid Will

  Imagine a scenario from several centuries ago where a person wrote their last will and testament by hand, signing it in front of two trusted neighbors who also signed as witnesses. While this document might not have met all the precise formal requirements of a modern, notarized will (like specific legal phrasing or a particular type of witness attestation), it clearly expressed the testator's wishes for distributing their property, and all parties involved understood and accepted its terms.

  How it illustrates the term: The will was considered executed utiliter et equivalenter because, despite any minor deviations from strict formality, it effectively conveyed the testator's intent and achieved the legal purpose of transferring assets according to their wishes, with an equivalent legal effect to a perfectly formal will of that era.

• Example 2: Notification of a Corporate Meeting

  Consider a company's bylaws that stipulate all special board meeting notices must be sent via certified mail. However, due to an urgent, time-sensitive matter, the company secretary sends an email notification to all board members, clearly stating the meeting's purpose, date, and time. Every board member confirms receipt of the email and attends the meeting, fully prepared to discuss the agenda.

  How it illustrates the term: Although the method of notification (email) did not strictly follow the certified mail requirement, the notice was given utiliter et equivalenter. All board members received the information, understood its importance, and were able to participate effectively, thus achieving the intended legal effect of proper notification for the meeting.

• Example 3: Informal Property Transfer

  In a historical context, a landowner might have agreed to sell a parcel of land. Instead of executing a complex written deed, they might have publicly declared the sale in the presence of community elders and then symbolically handed the buyer a handful of soil from the property. The buyer then took possession and began using the land as their own, and the community recognized the transfer.

  How it illustrates the term: This transaction, while lacking the formal documentation of a modern property deed, was considered to have occurred utiliter et equivalenter. The public declaration and symbolic act, witnessed and accepted by the community, effectively transferred ownership and and possession, achieving the same legal effect as a more formal conveyance.