Legal Definitions - civil impediment

A civil impediment refers to a legal barrier or restriction, established by civil law, that prevents an individual from validly undertaking a specific action, entering into a particular legal status, or exercising certain rights. These impediments are typically designed to uphold public policy, protect individuals, or ensure the integrity of legal processes and relationships.

• Example 1: Existing Marriage

  Imagine a situation where Maria and John want to get married. However, John is still legally married to his first wife, Sarah, and their divorce proceedings have not yet been finalized by the court. Under civil law, being legally married to one person is a civil impediment to marrying another. This means that even if Maria and John go through a marriage ceremony, their marriage would not be legally recognized as valid because of John's existing marital status. The law imposes this impediment to prevent bigamy and protect the legal and social institution of marriage, as well as the rights of all parties involved.

• Example 2: Lack of Legal Capacity for Contracts

  Consider a 17-year-old, Emily, who attempts to sign a contract to purchase a new sports car from a dealership. In many jurisdictions, individuals under the age of 18 are considered minors and generally lack the full legal capacity to enter into binding contracts for non-necessities. This lack of legal capacity is a civil impediment to forming a valid and enforceable contract. The law imposes this impediment to protect minors from potentially exploitative or disadvantageous agreements, allowing them to void such contracts if they choose.

• Example 3: Professional Licensing and Past Conduct

  Suppose Robert, who was previously convicted of a serious felony involving fraud, applies for a license to practice as a certified public accountant (CPA). State civil laws governing professional licensing often include provisions that prohibit individuals with certain types of felony convictions, especially those related to financial misconduct or dishonesty, from obtaining licenses in professions that require a high degree of public trust. Robert's past conviction acts as a civil impediment, preventing him from being granted the CPA license, as the law aims to protect the public from potential financial harm and maintain the integrity of the profession.