Legal Definitions - propter delectum personae

Propter delectum personae is a Latin legal phrase that translates to "on account of the selection of persons."

This principle applies to situations where a particular duty, responsibility, or service cannot be delegated or transferred to another person because the individual who was originally chosen possesses unique skills, qualifications, or personal trust that are essential to the task. The selection of that specific person is fundamental to the nature of the obligation or agreement.

Here are some examples to illustrate this concept:

• Commissioned Artwork: Imagine a client who commissions a renowned sculptor, Ms. Elena Petrova, known for her distinctive abstract style, to create a unique centerpiece for their new corporate headquarters. The client specifically chose Ms. Petrova because of her unique artistic vision and reputation.

  This illustrates propter delectum personae because Ms. Petrova cannot delegate the actual sculpting work to an apprentice, even a highly skilled one. The essence of the agreement is to receive a sculpture created by Ms. Petrova herself, as her personal artistic talent and individual touch are the core reasons for her selection.

• Executive Leadership: Consider a technology startup that recruits Dr. Anya Sharma, a visionary leader with a proven track record of innovation and a strong network in the industry, to be its new CEO. Her personal reputation, strategic insight, and ability to inspire confidence are key to the company's future.

  This demonstrates propter delectum personae because Dr. Sharma cannot simply appoint a subordinate to act as CEO in her place for an extended period, especially for critical strategic decisions. Her unique leadership qualities, specific expertise, and the trust placed in her personally are central to her role and cannot be fully delegated without undermining the basis of her appointment.

• Specialized Legal Representation: A high-profile individual facing a complex legal challenge specifically hires a particular attorney, Mr. David Lee, who is widely recognized as the leading expert in that niche area of law and has a reputation for exceptional courtroom advocacy.

  This is an example of propter delectum personae because the client chose Mr. Lee not just for his firm, but for his personal expertise, experience, and unique advocacy skills. While other attorneys in his firm might assist, Mr. Lee cannot delegate the primary responsibility for the client's representation, especially key strategic decisions and courtroom appearances, to a junior associate without the client's explicit agreement, as the client's selection was based on Mr. Lee's individual qualifications.