Legal Definitions - interpellatio

interpellatio refers to a formal action or demand, originating from Roman law, that serves to either compel an action, halt an ongoing process, or initiate a legal proceeding.

• 1. A Formal Demand or Request: This involves a direct and official request for someone to fulfill an obligation, such as paying a debt, or to cease a particular activity.
  • Example: A building contractor completes a project and sends a final invoice to the client. After 60 days, the payment is still outstanding. The contractor then sends a formal, certified letter to the client, explicitly demanding payment of the overdue amount within 15 days. This formal demand for payment is an act of interpellatio, clearly stating the obligation and the expectation for its fulfillment.
• 2. Interruption of a Continuous Process: This refers to an action taken to stop or break the uninterrupted progression of an event or situation, especially when that continuous progression could lead to the establishment of a legal right or status.
  • Example: A homeowner has been allowing their neighbor to park a recreational vehicle on a corner of their undeveloped property for several years without objection. To prevent the neighbor from potentially claiming a prescriptive right to park there permanently (similar to adverse possession for use), the homeowner sends a written notice to the neighbor, explicitly stating that permission to park is revoked and demanding the vehicle be removed. This formal notice serves as an interpellatio, interrupting the continuous, unchallenged use that could otherwise mature into a legal right.
• 3. Initiation of a Legal Action or Appeal: This describes the formal act of starting a lawsuit, a legal proceeding, or an appeal against a court's decision.
  • Example: A consumer believes they were unfairly charged by a utility company and, after unsuccessful attempts to resolve the issue directly, decides to pursue legal recourse. They file a complaint with the appropriate regulatory body or small claims court, formally initiating a dispute resolution process. This act of filing the complaint and commencing the legal challenge is an interpellatio, marking the formal beginning of a legal process.