Legal Definitions - subreptione vel obreptione

Subreptione vel obreptione is a historical Latin legal phrase that refers to something obtained or done by deceit or surprise.

It describes a situation where a benefit, privilege, or legal outcome was secured improperly, either through intentional misrepresentation (deceit) or by taking advantage of someone's unawareness or unpreparedness (surprise).

• Example 1 (Deceit): In a historical context, if an individual sought a royal decree granting them exclusive rights to a certain trade, but they achieved this by presenting forged documents that falsely claimed a long lineage of skilled artisans in their family, their acquisition of the decree would be considered subreptione. The deceitful act of submitting false information was the means by which they secured the privilege.

  Explanation: This illustrates the "deceit" aspect, where a benefit (the royal decree) was obtained through deliberate falsehoods and misrepresentation.

• Example 2 (Surprise): Imagine a historical court case where one party was required to formally notify the opposing party of a critical hearing date. If the notifying party deliberately sent the summons to an outdated address, or delivered it at such an unreasonably late hour that the recipient had no realistic chance to prepare or even attend, and then proceeded to obtain a favorable judgment in the opponent's absence, that judgment might be challenged as having been obtained obreptione. The element of surprise, by preventing the other party from mounting a defense, was central to the outcome.

  Explanation: This demonstrates the "surprise" aspect, where a legal advantage (the favorable judgment) was gained by taking advantage of the opponent's lack of awareness or inability to respond effectively.