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.
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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