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NeCede's

Maxim 4.6.5

A personal action dies with the person.

Actio personalis moritur cum persona.

Source: Finch, Law, b. 1, c. 3, n. 16; Noy, Max. 6; Weisman, 86q Difficulty 2/5 — Approachable

Explanation

Claims arising from purely personal wrongs perish with the death of the party injured — they do not pass to heirs or representatives.

Where this applies

  • A defamation claim dies because the person who was defamed has passed away.
  • A personal injury lawsuit cannot be continued by the deceased plaintiff's heirs.

Legal domains

proceduraltort

See also

Cite this maxim

NeCede Max. 4.6.5 — A personal action dies with the person. — Finch, Law, b. 1, c. 3, n. 16; Noy, Max. 6; Weisman, 86q (Actio personalis moritur cum persona.)

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