INTERPELATION

2 definitions found across Law Mind sources

INTERPELATIONAuthored
The Law Mind • 877 words
Definition
Interpelation is a civil law doctrine by which a party bound under an agreement formally declares that his obligation will not extend beyond a specified time or condition. The declaration operates as a notice of limitation on the scope or duration of a binding commitment — the obligor, in effect, fixing a terminal point on what would otherwise remain an open-ended duty. The term carries a narrower technical sense than its spelling might suggest to common-law researchers. It describes a specific procedural act within the law of obligations: not a challenge, not a demand, but a unilateral declaration of limit made by the bound party pursuant to an existing agreement.
Common Language
Modern common usage (Wiktionary): Not in standard Wiktionary as an English entry. The closely related term "interpellation" (note the double-l spelling) refers in political science to a formal parliamentary procedure by which a legislature demands explanation or accountability from a member of the executive branch. Historical common usage (Webster's 1913): Webster's 1913 does not list "interpelation" as a distinct entry. It does list "interpellation" as meaning an act of interpelling; specifically, a formal demand made by one branch of government upon another, or a summons or citation in legal proceedings. The legal term "interpelation" (single-l) is distinct from the political and procedural term "interpellation" (double-l). Researchers encountering the single-l spelling in civil law texts are dealing with a doctrine of obligations — a party's declaration capping his own duty — not a legislative challenge to the executive or a court summons. The spelling difference is subtle but the conceptual distance is significant.
Common Confusion
INTERPELATION vs. INTERPELLATION: The single-l and double-l spellings represent different concepts. Interpelation (civil law obligations) is the bound party's self-limiting declaration. Interpellation, in its political sense, is a legislative demand for executive accountability; in its older legal sense, it could mean a formal summons. Historical texts and digitized sources frequently conflate or conflate the spellings, making source verification essential. INTERPELATION vs. MORA: In civil law, mora refers to a debtor's culpable delay in performance. Interpelation is sometimes described in civil law scholarship as a mechanism that can trigger or relate to mora — a formal demand or notice fixing the moment from which delay is measured. Researchers should not assume these terms are interchangeable; interpelation as defined by Wolff concerns a declaration by the obligor limiting duration, while mora concerns delay and its consequences.
Why It Matters in Research
This term is rare in Anglo-American legal research and appears almost exclusively in civil law contexts — Louisiana, Quebec, and comparative law materials being the most likely sources in the Law Mind corpus. Researchers working in common-law jurisdictions who encounter interpelation are almost certainly reading a translated civilian source or a treatise engaging with continental doctrine. The definition in Black's rests entirely on Wolff's Institutiones Juris Naturae et Gentium (§ 752), a natural law treatise rather than a code provision. This signals that interpelation, as it entered English-language legal dictionaries, was absorbed from natural law scholarship rather than from a specific enacted civilian code. Researchers should not assume the term carries uniform meaning across French, Spanish, or Louisiana civil law sources without verifying the local doctrinal tradition. The spelling trap is the primary research hazard. Full-text searches for "interpelation" (one l) will miss sources that use "interpellation" (two l's) as an equivalent, and vice versa. Run both spellings when searching historical databases and digitized treatises. In modern civil law systems, the concept of formally notifying a debtor or fixing a temporal limit on obligations has evolved into more specific mechanisms under domestic codes. The bare term "interpelation" may not appear in modern civilian sources even where the underlying concept persists under different vocabulary.
Historical Dictionary Support
Black's Law Dictionary is the only source in the Law Mind historical dictionary shelf with an entry for this term, and its entry is brief — a single sentence citing Wolff. This sparseness is itself informative: interpelation never achieved significant circulation in Anglo-American legal writing, and Black's appears to have included it as a reference term for practitioners encountering civilian materials rather than as a term of active domestic use. Black's definition is functionally complete for the narrow doctrinal point: the term describes an agreed-upon declaration by the obligor setting a limit on the obligation's duration. What the entry does not address — and what researchers should seek in specialized civil law scholarship — is the relationship between interpelation and related civilian concepts such as mise en demeure (formal notice of default), terms and conditions of obligations, and the doctrine of mora debitoris. The single Black's entry gives the researcher a foothold but not a full doctrinal picture.
Jurisdictional Note
Interpelation as a civil law doctrine is most relevant to Louisiana and other mixed or civilian jurisdictions. In pure common-law systems the concept is handled through notice requirements, contractual limitation clauses, and the law of conditions — without any equivalent technical term.
Encyclopedia Cross-Reference
See: Civil Law Obligations; Mora; Law of Contracts (Civilian Tradition)
Related Terms
Interpellation (political/procedural sense) | Mora | Mise en demeure | Obligation | Civil law | Law of obligations | Condition (civil law) | Natural law | WolffChristian
INTERPELATIONmain
Black's Law Dictionary • 1891
In the civil law. The act by which, in consequence of an agree- ment, the party bound declares that he will not be bound beyond a certain time. Wolff, Inst. Nat. § 752.

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