Legal Definition and Related Resources of Merger

Meaning of Merger

In relation to corporations, the term denotes the amalgamation of two corporations to form a new one. The absorption of one corporation by another, which retains its name and corporate identity with the added capital , franchises and powers of the merged corporation; the uniting of two corporations by the transfer of property to one of them, which continues in existence, the other being merged therein. The corporation which survives is liable for the debts and contracts of the corporation which disappears. See John Wilev & Sons Inc. v Livingston, 376 U.S. 543, 84 S.Ct. 909, ,1 L.Ed.2d 898. In the law of real property , doctrine of merger holds that when the same person holds a greater and a lesser estate , the estates absorb into one. See Landoff v Garfmkel, (Mo.App.)467 S. W.2d298. Likewise when same person holds legal title and equitable interest in trust , the two merge and no trust is created. In the law of contracts, the term refers to extinguishment of one contract by absorption into another contract between the same parties . Also said that all verbal agreements made at or before the time of the execution of a contract are to be considered as merged in the written instrument . See Hawkins v United States , 96 U.S. 689, 24 L.Ed. 607. In criminal law, the doctrine of merger is applied to a set of facts which involves a greater and a lesser offense which lesser offense contains the essential ingredients for establishing the greater offense. In such a case the doctrine operates to merge a conviction for the lesser or included offense into a conviction for a greater offense. See Pinkett v state , 352 A.2d358, 30 Md.App. 458.

Merger Alternative Definition

The absorption of a thing of lesser importance by a greater, whereby the lesser ceases to exist, but the greater is not increased. There appears to be a distinction recognized by most of the authorities between a merger, strictly speaking, and a consolidation, but the terms are not always used with strict accuracy. 256 111. 522. In Estates. When a greater estate and less coincide and meet in one and the same person, without any intermediate estate, the less is immediately merged, that is, sunk or drowned, in the latter. For example, if there be a tenant for years, and the reversion in fee simple descends to or is purchased by him, the term of years is merged in the inheritance, and no longer exists; but they must be to one and the same person, at one and the same time, in one and the same right. 2 Bl. Comm. 177; Latch, 153; Poph. 166; 6 Madd. 119; 1 Johns. Ch. (N. Y.) 417; 3 Johns, Ch, (N. Y.) 53; 3 Mass. 172. In Contracts. Merger, in the law of contracts, is the absorption or extinguishment of a security of a lower legal degree in another of a higher legal degree. 120 111. App. 554. Of Rights. Rights or demands merged in a judgment for their enforcement (65 Ind. 243; 25 Pa. St. 200; 41 Mo. 205), or in a security of a higher nature (10 Iowa, 443; 14 Mo. 450). Rights are also said to be merged when the same person who is bound to pay is aUo entitled to receive. 117 111. 338. This is more properly called a confusion of rights, or extinguishment. In Torts. Where a person, in committing a felony, also commits a tort against a private person, the wrong was, under the old law, sunk in the felony, and, by modern law, is suspended until after the felon’s conviction. 1 Chit. Prac. 10. The rule is generally changed by statute. In Crimes. At common law, if an act included several offenses of different degree (i. e., misdemeanors and felony), the misdemeanors merged in the felony (5 Mass. 106; 1 Mich. 217; 26 N. J. Law, 213) ; but if the offenses were of the same grade, there was no merger, and the prosecution might elect on which to prosecute (48 Me. 238; 4 Wend. [N. Y.] 265; 93 Fed. 452). The doctrine of merger of offenses is now repudiated in England (11 Q. B. 929), and in some of the United States (57 Conn. 461; 51 Minn. 382).

Financial Definition of Merger

(1) Acquisition in which all assets and liabilities are absorbed by the buyer. (2) More generally, any combination of two companies.

International Trade Meaning and Definition of Merger

A form of corporate acquisition in which one firm absorbs another and the assets and liabilities of the two firms are combined.

Legal Definition of Merger

Combination of two or more corporations.

Synonyms of Merger


  • absorption
  • affiliation
  • alliance
  • amalgamation
  • assimilation
  • association
  • centralization
  • coalescence
  • coalition
  • combination
  • confederation
  • conflation
  • consolidation
  • federation
  • fellowship
  • fusion
  • incorporation
  • integration
  • joinder
  • joint concern
  • loss of identity
  • mixture
  • partnership
  • solidarity
  • syndicate
  • unification
  • union
  • united front
  • voluntary association
  • Associated Concepts: compulsory merger
  • conglomerate merger
  • consolidation
  • forced merger
  • horizontal merger
  • merger of estates
  • vertical merger

Related Entries of Merger in the Encyclopedia of Law Project

Browse or run a search for Merger in the American Encyclopedia of Law, the Asian Encyclopedia of Law, the European Encyclopedia of Law, the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law.

Merger in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Merger in Historical Law in the Encyclopedia of Law.

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Merger in the Legal Abbreviations and Acronyms Dictionary.

Related Legal Terms

You might be also interested in these legal terms:

Mentioned in these terms

Base Fee, Conglomerate Merger, Consolidate, Consolidation, Determinable.


You might be interested in these references tools:

Resource Description
Merger in the Dictionary Merger in our legal dictionaries
Browse the Legal Thesaurus Find synonyms and related words of Merger
Legal Maxims Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law
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Related topics Merger in the World Encyclopedia of Law


This definition of Merger is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)


Resource Description
Topic Map A group of names, occurrences and associations
Topic Tree A topic display format, showing the hierarchy
Sitemap Index Sitemap Index, including Taxonomies The URI of Merger (more about URIs)

English Spanish Translation of Merger

Fusión por absorción

Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Merger) and the Word reference legal translator.

Merger in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of merger.


This term is a noun.

Etimology of Merger

(You may find merger at the world legal encyclopedia and the etimology of more terms).

1728 in legal sense, “extinguishment by absorption,” from merge (verb), on analogy of French infinitives used as nouns (see waiver). From 1889 in the business sense; not common until c. 1926. General meaning “any act of merging” is from 1881.


Legal English Vocabulary: Merger in Spanish

Online translation of the English legal term merger into Spanish: fusión de empresas (English to Spanish translation) . More about legal dictionary from english to spanish online.

Related to the Legal Thesaurus


See Also

  • Law Enforcement Officer
  • Police
  • Law Enforcement Agency

Further Reading

Horizontal Merger in the Economic Activity

An introductory concept of Horizontal Merger may be: a merger between two firms that produce the same goods

Merger Definition (in the Accounting Vocabulary)

The New York State Society of Certified Public Accountants offers the following definition of Merger in a way that is easy for anybody to understand: BUSINESS COMBINATION that occurs when one entity directly acquires the ASSETS and LIABILITIES of one or more entities and no new corporation or entity is created.

Concept of Merger in the context of Real Property

A short definition of Merger: The combining of two or more entities (businesses) into one surviving entity.

Concept of Merger in the context of Real Property

A short definition of Merger: The combining of two or more entities (businesses) into one surviving entity.

What is the meaning of Merger?

A definition of Merger is provided here: The result of two firms forming one company.






See Also

  • Enterprise
  • Joint Enterprise
  • Joint Venture

Hierarchical Display of Merger

Business And Competition > Business organisation > Economic concentration
Business And Competition > Business organisation > Business policy > Transfer of businesses

Meaning of Merger

Overview and more information about Merger

For a more comprehensive understanding of Merger, see in the general part of the online platform.[rtbs name=”xxx-xxx”]


Translation of Merger

Thesaurus of Merger

Business And Competition > Business organisation > Economic concentration > Merger
Business And Competition > Business organisation > Business policy > Transfer of businesses > Merger

See also


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