De libero homine exhibendo is a phrase used in Roman law which signifies “for the presentation of a free man.” It pertains to a legal injunction that mandates the appearance of a free individual before a judge. In more straightforward language, it is a legal directive to bring a free person to trial.
De libero homine exhibendo, a term in Roman law, refers to an interdict that mandates the presentation of a free person before a magistrate. For example, if someone is unlawfully imprisoned, their family can petition for this interdict, prompting the magistrate to order the person holding the prisoner to produce them before the court. This process ensures that the individual’s rights are protected and allows for a legal determination of their lawful detention. Similarly, if a person is being held against their will by a family member or guardian, the interdict can be used to compel the holder to present them before the court for review. In both cases, de libero homine exhibendo serves to safeguard the freedom of individuals who may be wrongfully detained.
De Libero Homine Exhibendo is a Latin term that translates to “On the Exhibition of a Free Man.” It refers to a legal concept that guarantees the right to personal freedom and protection against unlawful detention or imprisonment.
De Libero Homine Exhibendo protects an individual’s right to be free from arbitrary arrest or detention. It ensures that a person cannot be unlawfully deprived of their liberty without due process of law.
De Libero Homine Exhibendo is a broader concept that encompasses the principles of habeas corpus. While habeas corpus specifically focuses on the right to challenge the legality of one’s detention, De Libero Homine Exhibendo encompasses the broader protection of personal freedom.
Yes, De Libero Homine Exhibendo can be invoked in civil cases where a person’s personal freedom is at stake. It can be used to challenge any unlawful restraint or deprivation of liberty, regardless of whether it is a civil or criminal matter.
Under De Libero Homine Exhibendo, the court can order the release of the unlawfully detained person and provide compensation for any damages suffered as a result of the unlawful detention.
No, De Libero Homine Exhibendo cannot be waived. It is a fundamental right that cannot be surrendered or given up by an individual.
Yes, De Libero Homine Exhibendo can be invoked against private individuals if they are unlawfully detaining or restraining someone’s personal freedom. It applies to both state actors and private individuals.
De Libero Homine Exhibendo recognizes that certain exceptional circumstances, such as emergencies or national security situations, may require temporary restrictions on personal freedom. However, these restrictions must be proportionate, necessary, and subject to judicial review.
Yes, De Libero Homine Exhibendo applies to all individuals within a jurisdiction’s territory, regardless of their citizenship or immigration status. It protects the personal freedom of all individuals, irrespective of their legal status.
De Libero Homine Exhibendo can only be limited or suspended to the extent permitted by law and in accordance with the principles of necessity and proportionality. Any such limitations or suspensions must be temporary and subject to judicial review to ensure the protection of personal freedom.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/de-libero-homine-exhibendo/
- Modern Language Association (MLA):De Libero Homine Exhibendo. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/de-libero-homine-exhibendo/.
- Chicago Manual of Style (CMS):De Libero Homine Exhibendo. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/de-libero-homine-exhibendo/ (accessed: May 09 2024).
- American Psychological Association (APA):De Libero Homine Exhibendo. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/de-libero-homine-exhibendo/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts