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NeCede's

Maxim 1.5.84

A madman is like a man who is absent.

Furiosus absentis loco est.

Source: D. 50, 17, 124; Jackson Difficulty 2/5 — Approachable

Explanation

One who is insane is treated in law as though he were absent — he cannot act, consent, or bind himself, and the law provides for his protection as it would for one who is not present.

Where this applies

  • An insane person tries to enter into a contract.
  • Someone who has lost their mental faculties is treated as if they were not present.

Legal domains

Cite this maxim

NeCede Max. 1.5.84 — A madman is like a man who is absent. — D. 50, 17, 124; Jackson (Furiosus absentis loco est.)

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