Also known as:interdicts · interdicted · interdicting · interdiction · interdictory · interdictum · injunction · prohibition
Written by attorneys · grounded in primary & secondary sources — see below
A decree or order in Roman and civil law that prohibits conduct, compels production, or restores possession.
Sources & Authorities· 35 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Firm Imputation of Conflict
Elena represents CleanEarth while her partner at the firm negotiates to purchase client property. The firm screens Elena but the court issues an interdict barring the entire firm from the transaction because the prohibition imputes to all associated lawyers.
Notice Requirement for Relief
Apex Builders seeks an interdict to halt a competitor's construction. The court refuses to issue the order because Apex gave no notice to the adverse party before the hearing.
Supervening Impracticability
Ivy Investments contracts to deliver specific equipment destroyed by an unexpected flood. The court grants an interdict relieving Ivy of performance because the supervening event made the duty impracticable.
Insight Consulting sues to stop a former employee from using trade secrets. The court denies the interdict after finding that monetary damages would adequately protect the company's interests.
Mortgagee Remedy for Waste
Ironclad Industries holds a mortgage on property whose owner removes fixtures and reduces its value. The court issues an interdict halting further waste because the security is threatened.
Anti-Commandeering Challenge
A state enacts a licensing scheme for sports betting after federal law barred such authorization. The court refuses an interdict enforcing the federal prohibition because it improperly commandeers state legislative action.
Common questions
Frequently Asked
3
How does an interdict differ from a modern injunction?+
An interdict is the Roman and civil law predecessor to the injunction and functions as a prohibitory, exhibitory, or restitutory decree.
Supporting sources
When may a court issue an interdict without notice under civil procedure rules?+
In the civil-law tradition an interdict could be granted ex parte when irreparable harm was shown, subject to prompt hearing.
Does a contract clause for liquidated damages bar an interdict?+
No. Under civil-law principles an interdict or specific performance remains available even when the contract provides for liquidated damages.
5 U.S. (1 Cranch) 137 (1803)Property
…judicial or ministerial; from this principle the Court of King's Bench derives the power of issuing writs of mandamus and prohibition. If the Court of King's Bench has the power because it is the supreme court of judicature, shall this court be denied that power? The second section of the third article of the…