Legal Definitions - vassallo faciendo superiori quod de jure facere oportet

The Latin phrase vassallo faciendo superiori quod de jure facere oportet is a historical legal principle that translates to "upon the vassal performing that to the superior which, according to law, he ought to perform."

This principle describes the legal obligation of a subordinate party (historically, a "vassal") to fulfill duties or services for their superior (a "lord") that are mandated by law or established legal custom. It emphasizes that the performance of these duties is not merely voluntary or contractual, but a legally required action owed by the subordinate to the superior.

Here are some examples illustrating this concept:

• Historical Feudal Context: Imagine a medieval knight who has been granted a fief (land) by a powerful duke. According to the feudal laws and customs of the time, the knight (vassal) is legally bound to provide military service to the duke (superior) for a specified number of days each year, especially in times of war. This obligation is not just a personal agreement but a fundamental legal duty tied to the land grant itself. The knight's performance of this military service is an example of vassallo faciendo superiori quod de jure facere oportet, as it is a legally mandated duty owed to his superior.

• Modern Corporate Governance: Consider a publicly traded company (the superior) and its board of directors (the subordinates). Corporate law often mandates that the board of directors must act with a duty of care and loyalty to the company and its shareholders, including making decisions that are in the company's best interest and overseeing its financial health. If the law requires the board to disclose certain financial information to the company's shareholders annually, their act of doing so is an example of vassallo faciendo superiori quod de jure facere oportet, as they are performing a legally required duty for the entity they serve.

• Regulatory Compliance: A local utility company (the subordinate) operates under a license granted by a state regulatory commission (the superior). The commission's regulations legally require the utility company to maintain specific safety standards for its infrastructure, conduct regular inspections, and submit detailed reports on its compliance. The utility company's adherence to these safety standards and submission of the required reports is an instance of vassallo faciendo superiori quod de jure facere oportet, as it is fulfilling legally mandated obligations to its regulatory superior.