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NeCede's

Maxim 4.6.17

Personal things die with the person.

Source: Finch, Law, b. 1, c. 3, n. 16; Weisman, 61q Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Rights and obligations that are purely personal — such as a personal license, a penal liability, or the duty to perform a personal service — expire with the death of the holder and do not pass to heirs or assigns.

Where this applies

  • A professional license holder dies, and his family tries to continue operating his medical practice under his credentials; the court holds that the license expired with the licensee because personal things die with the person.
  • A singer's exclusive personal-services contract terminates upon his death because the obligation to perform was purely personal and does not pass to his heirs.
  • A criminal defendant dies before sentencing, and the court vacates the conviction because the penal liability was personal to him and cannot survive his death.

Legal domains

Cite this maxim

NeCede Max. 4.6.17 — Personal things die with the person. — Finch, Law, b. 1, c. 3, n. 16; Weisman, 61q

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