Legal Definitions - interdiction

Interdiction broadly refers to the act of forbidding or restraining something. In civil law, it specifically denotes a legal process that deprives an individual of the right to manage their own affairs or estate due to mental incapacity. This can result in either a complete removal of rights (full interdiction) or a partial removal (partial interdiction).

Interdiction refers to an official act of forbidding, restraining, or preventing something. It can also describe the interception and seizure of goods, or, in a specific civil law context, a court-ordered process that limits an individual's ability to manage their own personal or financial affairs due to mental incapacity.

• Prohibition or Restraint: In its broadest sense, interdiction means an official ban or restriction on an activity or item.

  • Example: A city council might issue an interdiction on the use of fireworks within city limits during a severe drought to prevent wildfires.
  • Explanation: This illustrates interdiction as a formal prohibition, preventing a specific activity (using fireworks) due to safety concerns.

• Interception and Seizure: This meaning refers to the act of stopping and confiscating something, often illegal or unauthorized goods.

  • Example: During a maritime patrol, the coast guard might conduct an interdiction of a vessel suspected of smuggling endangered wildlife products, seizing the illegal cargo.
  • Explanation: Here, interdiction describes the action of intercepting a shipment and seizing contraband, preventing its illicit transport.

• Civil Law Incapacity: In civil law, interdiction is a legal process where a court formally removes or limits an adult's right to manage their personal or financial affairs due to a severe mental or physical incapacity. This can be a full interdiction (complete removal of rights) or a partial interdiction (limited removal of rights).

  • Example: A court might impose a partial interdiction on an individual who has suffered a severe stroke, allowing them to make decisions about their daily care but appointing a legal representative to manage their complex business assets and investments.
  • Explanation: This demonstrates interdiction in the civil law context, where a court intervenes to protect an individual by partially restricting their ability to manage their affairs due to a medical condition that impairs their judgment.