Legal Definitions - subreptio

Subreptio is a historical legal term, originating from Roman law, that describes the act of obtaining a privilege, grant, or benefit from an authority or institution through deceit, misrepresentation, or by intentionally concealing crucial information. It implies an acquisition made unfairly or unlawfully by trickery or by withholding facts that, if known, would have prevented the grant or benefit from being given.

Here are some examples to illustrate this concept:

• Example 1: Obtaining a Government Contract Through False Claims

  Imagine a construction company bidding for a lucrative government contract to build a new public facility. In their proposal, they falsely claim to have a proprietary, cutting-edge material that significantly reduces construction time and costs, when in reality, they plan to use standard, widely available materials. The government awards them the contract based on these misrepresented capabilities.

  This situation demonstrates subreptio because the company secured a valuable contract from a public authority by presenting false information about their unique capabilities, thereby gaining an unfair advantage through deceit.

• Example 2: Acquiring a Professional License by Concealing Disqualifying Information

  Consider an individual applying for a highly regulated professional license, such as a license to practice medicine or law. On the application form, they are asked about any past disciplinary actions or criminal convictions. The applicant deliberately omits a past conviction for professional misconduct that, if disclosed, would automatically disqualify them from receiving the license.

  This illustrates subreptio because the individual is attempting to acquire a professional privilege (the license) from a regulatory body by intentionally concealing critical information that would otherwise prevent its issuance.