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Simple English definitions for legal terms
ex capite interdictionis
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A quick definition of ex capite interdictionis:
Ex capite interdictionis is a Latin term that means "on the ground of interdiction." Interdiction is when someone is not allowed to handle their own affairs because they are not capable, usually due to mental incapacity. This can be either complete or partial, and any actions taken by the interdicted person without the consent of their guardians can be reduced. Interdiction used to be more common in the past to protect people who were easily taken advantage of or who were not able to manage their own estate.A more thorough explanation:
Definition: Ex capite interdictionis is a Latin term used in law to refer to the act of depriving a person of the right to handle their own affairs due to mental incapacity.
Interdiction can be either judicial or voluntary, and it was used in the past to protect people who were easily imposed upon or unable to manage their estate with care and prudence. Any disposition of heritage made by an interdicted person without the consent of their interdictors was liable to reduction on the ground of interdiction, except where the conveyances were onerous and rational.
There are two types of interdiction: full and partial. Full interdiction is the complete removal of one's right to care for oneself and one's affairs or estate because of mental incapacity. Partial interdiction is the partial removal of one's right to care for oneself and one's affairs or estate because of mental incapacity.
Examples:
- A person with severe dementia may be placed under partial interdiction, which means they can still make some decisions for themselves but not others.
- If a person is deemed to be completely unable to care for themselves due to mental incapacity, they may be placed under full interdiction, which means they have no control over their affairs or estate.
These examples illustrate how ex capite interdictionis is used to protect people who are unable to make sound decisions for themselves due to mental incapacity.