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” in English. This principle is a part of the common law legal tradition and is often applied in cases related to torts or personal injuries.
In simple terms, the maxim means that if an individual has a personal cause of action (a legal claim) and that individual dies, the cause of action does not survive their death. In other words, certain legal actions are considered so personal that they cannot be passed on to the deceased person’s heirs or representatives.
Explanation:
- Personal Action: This refers to a legal claim or cause of action that arises from a personal injury, damage, or harm suffered by an individual.
- Dies with the Person: When the individual who has the cause of action dies, the legal claim extinguishes and cannot be pursued further. The idea is that certain legal rights are so intimately tied to the individual that they do not continue after the person’s death.
In Urdu:
The translation of “Actio personalis moritur cum persona” into Urdu might be something like “عمل شخصی شخص کے ساتھ مر جاتا ہے” (Amal Shakhsi Shakhs ke sath mar jata hai). This conveys the notion that a personal legal claim ceases to exist with the death of the person.
It’s important to note that the application of legal maxims can vary across jurisdictions, and the interpretation may depend on specific legal systems and cases. Legal principles, including this maxim, are often subject to interpretation and may evolve through case law and legal developments.
Case Laws:
2004 PLD 185 SUPREME-COURT
ALI MUHAMMAD MIRZA Vs. Mst. SARDARAN
—-O. XXII, R. 1—Maxim “actio personalis moritur cum persona”–Connotation and applicability—Personal right of action dies with the person—Right to sue, other than intimately connected with the individuality of the deceased, always survives to or against his legal representatives.
2004 YLR 1272 LAHORE-HIGH-COURT-LAHORE
WAPDA Vs. Syed IRSHAD HUSSAIN ABDI
—`Actio personalis moritur cum persona’–Applicability—Where the respondents were sons and daughters of the deceased principal respondent and were living alongwith him and had endured the sufferings of disconnection of electric supply for eight years due to the illegal and unauthorized activity of the petitioners, the maxim ‘Actio personalis moritur cum persona’, would not be applicable as the said respondents being sons and daughters of the main respondent had also sustained damages.