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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