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What Is Alieni Juris?
What Is Alieni Juris?
father or guardian; a wife under the power of her husband. The term is contrasted with Sui JURIS, (q. r.)
Alieni juris literally means under the control of another or under guardianship. Alieni juris is a Latin phrase which normally
refers to children or minor, who exercise their right under the control of a guardian. Alieni juris will be either under the power
or bondage of another person. A debtor under the control of a creditor is an alieni juris.
aieni juris refers to a person who cannot exercise full legal rights because they are under the full
or partial legal authority of another.
The term is the traditional counterpart ofsui juris (of his own right, a person who has full legal
capacity).
Children are alieni juris until the reach the age of majority although certain rights may be
extended to them before attaining the age of majority such as, but not necessarily limited to
voting rights and enrollment in the armed forces.
So, too, for the duration of the bankruptcy proceedings, is a bankrupt.
Historically, and still the case in Muslim law, wives were alieni juris, as there rights had to be
exercised by their husbands. Indeed, an ancient Latin maxim states as much: uxor non est sui
juris, sed sub potestate viri: a wife has no power of her own, but is under the government of her
husband.
S. Kovalsky writing in the South African Law Journal:
"The insolvent ... during the period of his insolvency, is not sui juris but in an analogous position to that
of a person alieni juris, the trustee complimenting his legal capacity.
"People who are alieni juris may be divided into two classes: those whom the law protects against their
fellow men, and those on whom the law has to place restrictions so as to protect other in individuals - or
in other words, those protected against the world and those restrained so as to protect the world.
"In the first class may be put those whose incapacity is based on law on so-called natural grounds, for
example, minors and lunatics.
"In the second category may be placed those whose capacity is due to themselves, e.g convicts."