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Home » Law Dictionary » I » INTERDICT

INTERDICT

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

In Roman law. A decree of the praetor by means of which, in certain cases determined by the edict, he himself directly commanded what should be done or omitted, particularly in causes involving the right of possession or a quasi possession. In the modern civil law, interdicts are regarded precisely the same as actions, though they give rise to a summary proceeding::’ Mackeld. Rom. Law, f 258.
Interdicts are either prohibitory, restorative, or exhibitory; the first being a prohibition, the second a decree for restoring possession lost by force, the third a decree for the exhibiting of accounts, etc. Helnec. f 1206.
An interdict was distinguished from an “action,” (actio,) properly so called, by the circumstance that the pnetor himself decided in the first instance, (principaliter,) on the application of the plaintiff, without previously appointing a judex, by issuing a decree commanding what should be done, or left undone. Gaius, 4, 139. It might be adopted as a remedy in various cases where a regular action could not be maintained, and hence interdicts were at one time more extensively used by the pnetor than the actiones themselves. Afterwards, however, they fell into disuse, and in the time of Justinian were generally dispensed with. Mackeld. Rom. Law, 5 258; Inst 4, 15, ala ecclesiastieal law. An ecclesiastical censure, by which divine services are prohibited to be administered either to particular persons or in particular places.
In Scotch law. An order of the court of session or of an inferior court pronounced on cause shown, for stopping any act or proceedings complained of as illegal or wrongful. It may be resorted to as a remedy against any encroachment either on property or possession, and is a protection against any unlawful proceeding. Bell.

Related Posts:

  • TENERE
  • PRIMUM DECRETUM
  • EDICTUM
  • UTRUBL
  • DENUNCIA DE OBRA NUEVA
  • VIS

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