Actio personalis moritur cum persona
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actio personalis moritur cum persona · the maxim
in the texts
The Law of Torts
The common-law maxim that a right of action for a civil wrong dies with either the wronged person or the wrong-doer, examined, criticized, and qualified through statutory exceptions.
The common law maxim is actio personalis moritur cum persona, or the right of action for tort is put an end to by the death of either party, even if an action has been commenced in his lifetime.
In one class of cases there is a right to recover against a wrong-doer’s estate, notwithstanding the maxim of actio personalis, yet not so as to constitute a formal exception.
But when once the notion of vengeance has been put aside, and that of compensation substituted, the rule actio personalis moritur cum persona seems to be without plausible ground.