Actio personalis moritur cum persona is a Latin legal maxim that means "a personal action dies with the person". It is a principle of law that applies to claims made by or against an individual, particularly in cases of personal injury or death. In essence, it means that a cause of action that a person has against another individual or entity ends upon the death of the person who has the cause of action.
In Nigeria, the principle of Actio personalis moritur cum persona is enshrined in the Limitation Law of various states. This principle applies to personal injury claims, medical malpractice claims, and other types of tort claims. It is important to note that this principle only applies to claims that are based on personal injury or death.
The rationale behind the Actio personalis moritur cum persona principle is to prevent individuals from making claims that are based on the injuries or death of another person. This is because such claims are considered to be personal to the individual who has suffered the harm, and cannot be transferred to others. Additionally, this principle encourages individuals to bring their claims as soon as possible to avoid the expiration of the statute of limitations.
It is important to note that there are certain exceptions to the Actio personalis moritur cum persona principle. For instance, if a personal injury claim has already been filed before the death of the injured party, the claim may still proceed even after their death. Additionally, if the personal injury claim involves a continuing tort, such as environmental pollution or medical negligence, the claim may still proceed after the death of the injured party.
Conclusion
In conclusion, Actio personalis moritur cum persona is an important principle of law that applies to claims made by or against an individual in Nigeria. It means that a personal action dies with the person, and the cause of action cannot be transferred to others after the death of the person who has the cause of action. This principle is important in the context of personal injury claims, medical malpractice claims, and other types of tort claims. However, there are exceptions to this principle, and it is important to consult with a legal professional to understand the specifics of your case.
Post a Comment