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Simple English definitions for legal terms
edictal interdict
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A quick definition of edictal interdict:
Edictal interdict is a type of order given by a judge in ancient Roman law. It was used to protect someone's possession or property. There were different types of interdicts, such as prohibitory interdicts that forbid something to be done, and restitutory interdicts that directed something to be restored to someone who had been dispossessed of it. Interdicts were also used to remove a person's right to handle personal affairs because of mental incapacity.A more thorough explanation:
Edictal interdict is a legal term used in Roman and civil law. It refers to an injunction or other decree that prohibits, exhibits, or restores something. There are different types of interdicts, including:
- Decretal interdict: a remedy applied in a pending case
- Exhibitory interdict: a decree that compels a person or thing to be produced
- Possessory interdict: a decree that protects a person whose possession was disturbed without due process
- Prohibitory interdict: a decree that forbids something to be done
- Restitutory interdict: a decree that directs something to be restored to someone who had been dispossessed of it
For example, a possessory interdict can be used by a person in bad faith to establish whether they would be the defendant or the plaintiff in any subsequent claim. This type of interdict does not depend on title, but on possession.
Another example is a restitutory interdict, which can be used to restore something to someone who had been dispossessed of it. For instance, if a person was evicted from their home without due process, they could use a restitutory interdict to regain possession of their property.