Legal Definitions - mortuus civiliter

mortuus civiliter

The Latin term mortuus civiliter translates to "civilly dead." It describes a legal status where a living person is treated as if they no longer exist as a legal entity within society. This means they are deprived of most or all of their civil rights and legal capacities, even though they are physically alive. Historically, individuals deemed mortuus civiliter would lose the ability to own property, enter into contracts, marry, or participate in legal proceedings. While this concept is largely obsolete in modern legal systems, it highlights a profound loss of legal personhood.

• Example 1: Monastic Vows in Medieval Europe

  In medieval European legal systems, a person who took solemn vows and entered a monastic order (such as becoming a monk or a nun) was sometimes considered mortuus civiliter. They were legally "dead" to the secular world. For instance, their existing marriage would be dissolved, they would lose their right to inherit property from their family, and they could not sue or be sued in secular courts. Their legal identity and rights were effectively absorbed by the religious institution, severing their ties to their former civil life.

• Example 2: Outlawry in Historical English Law

  Under historical English common law, a person declared an "outlaw" for failing to appear in court for serious offenses could be considered mortuus civiliter. An outlaw lost the protection of the law and was essentially banished from society. They could not own property, their contracts were unenforceable, and anyone could kill them without legal consequence (though this extreme aspect eventually softened). This status effectively stripped them of their civil rights and legal standing, treating them as if they were no longer a part of the civil community.

• Example 3: Enslavement in Ancient Legal Systems

  In various ancient legal systems, such as that of ancient Rome, a free person who was captured in war and subsequently enslaved was considered mortuus civiliter. Upon enslavement, they lost their status as a free citizen, their family ties were legally severed, and they could not own property, make wills, or participate in legal acts. Although physically alive, they were legally reduced to property, completely stripped of their civil rights and treated as non-persons in the eyes of the law.