Legal Definitions - mort civile

mort civile

The term mort civile, or "civil death," refers to a historical legal concept where a person, though physically alive, was treated by the law as if they were dead. This meant they lost most or all of their civil rights and legal capacities. Historically, individuals subject to civil death might lose the right to own property, marry, make contracts, or even have legal standing in court. While the concept of civil death in its original, extreme form is largely obsolete in modern legal systems, its principles can still be seen in certain legal restrictions placed on individuals due to their status, such as incarceration or legal incapacitation.

• Example 1: Loss of Voting Rights for Convicted Felons

  In some jurisdictions, individuals convicted of certain felonies lose their right to vote, sometimes permanently, even after serving their sentence. While they are physically alive and free, this restriction means they are legally deprived of a fundamental civil right that other citizens possess. This situation echoes the historical concept of mort civile by diminishing a person's legal capacity and participation in civic life due to their legal status.

• Example 2: Revocation of Professional Licenses

  Imagine a doctor whose medical license is permanently revoked due to severe professional misconduct. Although the doctor is alive and capable of many things, they are legally barred from practicing medicine, a profession for which they were trained and licensed. This legal revocation effectively "kills" their professional identity and capacity to act as a doctor in the eyes of the law, illustrating a form of diminished civil capacity akin to mort civile in a specific professional context.

• Example 3: Legal Guardianship for Incapacitated Adults

  Consider an elderly individual who, due to severe cognitive decline, is deemed legally incapacitated by a court, and a guardian is appointed. This individual is alive, but the guardian now has the legal authority to make decisions regarding their finances, medical care, and living arrangements. The incapacitated person loses the legal capacity to make these decisions for themselves. This scenario demonstrates how a person, while physically present, can be legally stripped of significant autonomy and decision-making power, reflecting the core idea of being legally "dead" to certain civil capacities.