Interdiction - Encyclopedia




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INTERDICTION, in Scots law, a process of restraint applied to prodigals and others who, "from weakness, facility or profusion, are liable to imposition." It is either voluntary or judicial. Voluntary interdiction is effected by the prodigal himself, who executes a bond obliging himself to do no deed which may affect his estate without the assent of certain persons called the "interdictors." This may be removed by the court of session, by the joint act of the interdictors and the interdicted, and by the number of interdictors being reduced below the number constituting a quorum. Judicial interdiction is imposed by order of the court, either moved by an interested party or acting in the exercise of its mobile officium, and can only be removed by a similar order. Deeds done by the interdicted person, so far as they affect or purport to affect his heritable estate, are reducible, unless they have been done with the consent of the interdictors. Interdiction has no effect, however, on movable property.

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