doktryna scalenia



merger doctrine


Definitions of merger doctrine


(COPYRIGHT LAW) the principle that when an idea can be expressed in only one or a limited number of ways, copyright law will not cover the expression because it is considered to have merged with the idea

Java API's declarations are a very good example of the merger doctrine.


(CRIMINAL LAW) if a defendant commits a serious crime that also fulfills the definition of a less serious crime, the lesser of the two crimes will drop out, and the defendant will only be charged with the more serious crime

The specific question before us is how to apply the merger doctrine in this case.


(REAL ESTATE LAW) when one person gets both a greater and a lesser interest to the same piece of land, the lesser interest becomes part of the greater interest and no longer exists independently

The Oregon Court of Appeals decided a case involving the doctrine of merger, where portions of a property included in the agreement of sale were ultimately omitted from the deed.