Interdiction : an analysis

Abstract

It transpired to my knowledge, by examining case law as well as commentaries to such cases, that local professionals are not aware of the exact meaning of the institute of interdiction in its many denominations. This study was precisely conducted with the aim in mind, to try and outline the exact meaning of interdiction. In order to be able to do so, I contrasted the meaning of interdiction in the civil context and its meaning in the criminal context. To further enhance this study, I examined the Italian and French jurisdiction's position on such an institute to be able to offer an insight on their workings of the rules that relate to interdiction and distinguish their position with the Maltese position. This study has enabled me to propose a change in the nomenclature of the institute of interdiction, which could produce less confusion in the future when professionals, such as Lawyers, Legal Procurators, Notaries and Judges, are confronted with the working of such principle.