Latin Lawful Term-Civiliter Mortuus: |”Civilly Dead”|”Supporting Law Cases”|”What Does Civil Death Mean?

What does civil death mean?

: the status of a living person equivalent in its legal consequences to natural death specifically : deprivation of civil rights.

Ex: Civil " is used, in contradistinction to " barbarous " or " savage," to indicate a state of society reduced to order and regular government; to "criminal," to indicate the private rights and remedies of men as members of the community, in contrast to those which are public, and relate to the government; to "military" and"ecclesiastical;"to"natural"or"foreign." In the constitution,seems to be contradistinguished from '* military," to indicate the rights and duties relating to citizens generally, as distinct from those of persons engaged in the land and naval service of the government.^

Introduction 

In law, "Civiliter Mortuus" is a Latin term that translates to "civilly dead" in English. It refers to a legal doctrine that declares a person to be legally dead or without legal capacity, even though they are still physically alive. Civiliter Mortuus is typically applied in situations where a person is considered to have abandoned their legal rights or responsibilities, such as when someone has been absent for an extended period without any communication or when they have been declared legally incompetent. This doctrine essentially treats the person as if they were deceased for legal purposes, often resulting in the appointment of a guardian or administrator to manage their affairs.

Abstract:

The Latin term "Civiliter Mortuus," which translates to "civilly dead" in English, encompasses a legal doctrine that designates a person as legally deceased or devoid of legal capacity, despite being physically alive. This abstract explores the concept of civiliter mortuus and its implications within the legal realm. It examines instances where individuals are considered to have abandoned their legal rights and responsibilities, leading to their civil death. Such situations may arise when a person remains absent for an extended period without any communication or when they are declared legally incompetent. In these cases, the doctrine treats the individual as if they were deceased for legal purposes, often necessitating the appointment of a guardian or administrator to manage their affairs. This abstract highlights the significance of civiliter mortuus in shaping the legal landscape and underscores the need for careful consideration and legal recourse when dealing with individuals deemed civilly dead.

Case Law

MADDOX v. HALL COUNTY 

1

COURT: COURT OF APPEALS OF GEORGIA. DATE: MAY 18, 1982 CITED BY: 4 CORAM: 1

...." In Heard v. Caldwell, the court discussed the origin of § 3-801 and determined that it arose "from the common law doctrine that a convicted felon was civiliter mortuus (civilly dead)." Id., p...felony in this state was not deemed to be civiliter mortuus, and that one "convicted of felony `may sue for any personal wrong done to him before or after the commencement of the period of his...for persons imprisoned has disappeared along with the doctrine of civiliter mortuus, the saving provision of § 3-801 is still part of a valid statute of this state. We are not inclined to enter the...

TURNER v. EVANS 

2

COURT: SUPREME COURT OF GEORGIA. DATE: SEP 21, 1983 CITED BY: 5 CORAM: 1

...) ( 291 S.E.2d 442) (1982). In that case, the court noted that the doctrine of civiliter mortuus is not the law of this state and that prisoners thus may sue or be sued. .

HERNDON v. HOWARD 

3

COURT: U.S. SUPREME COURT DATE: DEC 1, 1869 CITED BY: 0

..., the assignee, be substituted as appellant for Herndon, the bankrupt, who may be said to be civiliter mortuus, precisely as an executor or administrator would be made party instead of an...

JONES v. JONES 

6

COURT: APPELLATE DIVISION OF THE SUPREME COURT OF NEW YORK, THIRD DEPARTMENT. DATE: JAN 20, 1937 CITED BY: 8 CORAM: 1

...deemed civilly dead (§ 511). At common law, a person convicted of felony was civiliter mortuus ( Troup v. Wood, 4 Johns. Ch. [*]228, [*]248); and his loss of rights was broad...formally classified civiliter mortuus. And the same precaution is carried into the Penal Law (§ 511), as well as into section 6, subdivision 2, of the...