Legal Maxim

ACTIO PERSONALIS MORITUR CUM PERSONA

"Actio personalis moritur cum persona" is a Latin legal maxim that translates to "a personal action dies with the person."

This principle is often applied in common law jurisdictions to mean that a cause of action or legal claim that arises from a personal injury or harm suffered by an individual terminates upon their death.

In simpler terms, if someone has a personal claim or lawsuit based on a harm done to them, such as a tort or a breach of contract, and they pass away, the claim typically cannot be pursued by their estate or heirs.

The right to bring a legal action is considered a personal right tied to the individual, and it ceases to exist upon their death.

There are, however, exceptions to this general rule, depending on the jurisdiction and the nature of the claim.

Some jurisdictions have statutory provisions that allow for the continuation or substitution of certain claims by the deceased person's estate or representatives.

For example, claims related to wrongful death or certain types of contractual obligations may survive the death of the injured party.

It's important to note that legal principles and interpretations may vary between jurisdictions.

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