Legal Definitions - tanquam quilibet

Tanquam quilibet is a Latin legal phrase meaning "like any other person."

Historically, this term was used to describe situations where a sovereign entity – such as a monarch or a government – engaged in certain transactions or activities not as a supreme power with special immunities, but rather on the same footing as an ordinary individual or private entity. It signifies that in specific contexts, the sovereign voluntarily subjects itself to the same rules, laws, and obligations that would apply to anyone else, foregoing its usual prerogatives or special status.

Here are some examples illustrating this concept:

• Government as a Commercial Tenant: Imagine a government department needing new office space. When it signs a lease agreement with a private landlord for a commercial building, it typically enters into a standard commercial contract. In this scenario, the government acts tanquam quilibet, agreeing to pay rent, maintain the premises, and abide by the lease terms just like any private company or individual tenant would. It doesn't assert sovereign immunity to avoid its contractual obligations or demand special treatment regarding rent increases or maintenance responsibilities.

• State-Owned Enterprise in a Competitive Market: Consider a national postal service that also offers package delivery in competition with private courier companies. When operating in this commercial market, the state-owned postal service might be expected to act tanquam quilibet, meaning it must adhere to the same consumer protection laws, advertising standards, and competition regulations as its private competitors. It cannot use its governmental status to unfairly undercut prices or avoid liability for lost packages in the same way a private company would be held accountable.

• Public University Entering a Construction Contract: A state-funded university decides to build a new research facility. When it hires a private construction company, the university enters into a contract that specifies project timelines, payment schedules, quality standards, and dispute resolution mechanisms. In this contractual relationship, the university acts tanquam quilibet, subjecting itself to the standard terms and conditions of a construction agreement, similar to how a private corporation or individual commissioning a building project would. It expects to be bound by the contract's provisions and cannot unilaterally alter terms or refuse payment based on its governmental affiliation.