Duhaime's Law Dictionary


Inhibition Definition:

A legal procedure to prevent a debtor from compromising property upon which a creditor holds a charge.

Related Terms: Poinding, Arrestment

flag of ScotlandMarshall describes inhibition as obtainable by writ or by letters, the latter being a court order called letters of inhibition, adding:

"By this form of diligence a creditor can prevent his debtor from disposing of  ... property or otherwise dealing with it in a way which will prejudice the creditor (e.g. granting security over it)."

The inhibition order or letters of inhibition acts in:

"... forbidding a debtor to burden or part with heritage to the prejudice of a creditor."1

REFERENCES:

  • Law Society of Scotland, Glossary: Scottish Legal Terms, Latin Maxims and European Community Legal Terms (Edinburgh: Butterworths, 1992), page 39.
  • Marshall, Enid, General Principles of Scots Law, 6th Edition (Edinburgh: Sweet & Maxwell, 1995), page 65-66

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