How Do You Spell ACTIO PERSONALIS MIORITUR CUM PERSONA?

Pronunciation: [ˈaktɪˌə͡ʊ pˌɜːsənˈɑːliz mɪˈɔːɹɪt͡ʃə kˈʌm pɜːsˈə͡ʊnə] (IPA)

The Latin phrase "ACTIO PERSONALIS MIORITUR CUM PERSONA" is often used in legal contexts to describe the extinction of a personal action upon the death of the plaintiff or defendant. Its pronunciation can be best represented using the International Phonetic Alphabet (IPA) as [ˈæk.ti.oʊ pɜː(ɹ).səˈneɪ.lɪs maɪ.oʊˈɹaɪ.tər kʊm pəˈsəʊ.nə]. The phrase can appear daunting to those unfamiliar with Latin or legal jargon, but its underlying principle is simple: personal lawsuits cannot continue after the party involved passes away.

Meaning and Definition
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ACTIO PERSONALIS MIORITUR CUM PERSONA Meaning and Definition

  1. "Actio personalis moritur cum persona" is a Latin legal maxim that can be translated as "a personal action dies with the person." It is a principle of law that governs certain types of legal claims or causes of action, particularly those that arise from a personal injury.

    This maxim establishes the principle that when the person who suffered harm or injury dies, their personal cause of action also ceases to exist. In other words, if an individual has a claim against another party due to personal harm or injury, but that individual dies before the case is resolved, the cause of action cannot be pursued by their estate or heirs.

    This principle is based on the belief that certain legal rights are inherently personal and cannot be transferred or inherited by others. Therefore, the claim dies or becomes extinguished along with the individual who possessed it. Consequently, the deceased person's estate generally cannot continue or pursue the legal action on their behalf, as they lack standing.

    "Actio personalis moritur cum persona" is a fundamental concept in legal systems that acknowledges the importance of personal rights and prevents the continued litigation of personal actions after the death of the injured party.