Legal Definitions - restitutory interdict

A restitutory interdict is a type of injunction or decree in Roman and civil law that directs something to be restored to someone who has been dispossessed of it. It is one of several types of interdicts, which are court orders that can be prohibitory, exhibitory, or restitutory.

• Possessory interdict: A person who has been evicted from their home without due process can obtain a possessory interdict to protect their right to possession. This type of interdict does not depend on title, so even a possessor in bad faith can obtain it. The interdict establishes whether the possessor will be the defendant or the plaintiff in any subsequent claim.
• Prohibitory interdict: A praetor can issue a prohibitory interdict to forbid someone from doing something. For example, a landlord can obtain a prohibitory interdict to prevent a tenant from damaging the property.
• Restitutory interdict: A person who has been dispossessed of their property can obtain a restitutory interdict to direct the property to be restored to them. For example, if someone has been wrongfully evicted from their home, they can obtain a restitutory interdict to regain possession of the property.

These examples illustrate the different types of interdicts and how they can be used in different situations to protect someone's rights or prevent harm. A restitutory interdict specifically focuses on restoring something that has been taken away, rather than simply prohibiting or compelling an action.