Legal Definitions - perficere susceptum munus

perficere susceptum munus

This Latin phrase, primarily used in Scots law, translates to "to perform the duties of an office undertaken." It embodies the legal principle that once an individual formally accepts a specific role, office, or responsibility, they are expected to fulfill its obligations and cannot simply abandon it capriciously or without proper cause.

Here are some examples illustrating this concept:

• Example 1: An Elected Official

  Imagine a person who successfully campaigns and is elected to serve on a local school board for a four-year term. After taking the oath of office, they discover the role requires more time and effort than anticipated, and they find some of the decisions unpopular. Under the principle of perficere susceptum munus, they are legally and ethically bound to serve out their term. They cannot simply resign because the job is difficult or less enjoyable than expected, as they have undertaken the duties of that public office.

• Example 2: An Executor of a Will

  Consider an individual who is named as the executor in a friend's will. Upon their friend's passing, they formally accept the responsibility to manage the estate, pay debts, and distribute assets according to the will's instructions. This acceptance triggers the application of perficere susceptum munus. They are now obligated to complete the complex process of estate administration, even if it becomes time-consuming or involves difficult family dynamics, rather than deciding midway through that they no longer wish to handle the task.

• Example 3: A Trustee of a Charitable Foundation

  Suppose a professional is invited to join the board of trustees for a charitable foundation and formally accepts the position. This role involves significant fiduciary duties, such as overseeing investments, ensuring the foundation's mission is upheld, and making responsible financial decisions. Once they have undertaken this office, perficere susceptum munus means they are committed to performing these duties diligently. They cannot abruptly step down simply because they receive a more appealing offer for their time or because they disagree with a minor policy decision, without following proper resignation procedures and ensuring a smooth transition of responsibilities.