Interdiction Law and Legal Definition

Interdiction refers to the act of forbidding or restraining. It can also refer to the interception and seizure of something, especially contraband.

In civil law, it refers to the act of depriving a person of the right to handle his or her own affairs because of mental incapacity. It is a legal restraint upon a person incapable of managing his/her estate due to mental incapacity, from signing any deed or doing any act to his/her own prejudice, without the consent of his/her curator or interdictor.

Interdictions can be voluntary or judicial. Voluntary interdictions are usually in the form of an obligation by which the obligor binds himself/herself not to do any act which may affect his/her estate without the consent of certain friends or other persons therein mentioned. Judicial interdiction is a court order which disqualifies a person who is mentally ill or insane the right to manage his/her affairs and receive the rents and profits of his/her estate. Interdiction does not affect the validity of a juridical act made by the interdict prior to the effective date of interdiction. The court may modify or terminate a judgment of interdiction for good cause. Interdiction terminates upon death of the interdict or by judgment of the court.

Interdiction was adopted in early days as a means to protect the weak, facile, and easily imposed upon, and also for the protection of those who, being reckless and profuse, were unable to manage their estate with care and prudence.