![]() Unjust enrichment of tortfeasor’s estate: In a scenario where the person has wrongfully appropriated the property and dies before the property has been recovered, the person whose property has been wrongfully appropriated will have a right of action against the representatives of the dead.Contracts: Apart from the contracts of personal service, the maxim Actio Personalis Moritur Cum Persona does not apply to other forms of contracts and in those cases, the legal representatives of the dead party will be made liable for the execution of the same.Such contracts become void on the death of either party. For example, promise to marry, draw a painting, etc. They die with the death of either of the parties to the contract. The maxim is applicable on contracts of personal nature.Under common law, any injury done to either the person or property was recoverable only in the form of damages then the personal right of action of the injured party dies with the death of the injuring party.It means that the personal cause of action dies with the person and cannot be executed upon his legal heirs or other legal representatives. ExplanationĬertain categories of legal causes of action cannot be brought after the death of the person. Actio means ‘action/ act’, personalis means ‘personal’, moritur means ‘death’, cum means ‘with’ and persona means ‘person’ and hence the phrase literally means, a personal right/ cause of action dies with the person. Origin and MeaningĪctio Personalis Moritur Cum Persona is a legal phrase of Latin origin. He acts very much like the proud teacher examining the work of his best pupil by praising the pupil he automatically implies praise for himself for a job well done.This article on the legal maxim, ‘ Actio Personalis Moritur Cum Persona’ by Sahajpreet Bhusari explains the maxim along with its application and some illustrations. A typical instance of this attitude is the section in which Ausonius examines every minute detail of the letter of the Emperor appointing him to the consulship (45-54). The very praise of Gratian's virtues becomes a motive for pride for Ausonius, who fostered them. Ausonius, on the other hand, compares himself to tutors of Emperors such as Seneca, Fronto and Fabius Titianus the comparison is of course in favour of the teacher of Bordeaux. Ausonius compares Gratian to ancient kings and Homeric speakers such as Menelaus, Ulysses and Nestor, adding that in fact the Emperor surpasses them for erudition, eloquence and wisdom. On becoming consul, he reaches the peak of the Roman political career: the position makes him so proud that he gives special prominence to himself, rather than to the supposed object of the panegyric. Ausonius, a professor at the Bordeaux school, was not of noble origins. The author is very unusual, however, in devoting a large space to self-praise, so much so that several scholars consider the speech a panegyric directed to the speaker rather than to the addressee that was supposed to be celebrated (Pichon 1906, p. The work does not differ from previous panegyric orations, and adheres to the canon of the genre: readers will find the usual praise of the Emperor, slavish tone, abundance of witty remarks, fondness for antitheses and paradoxes, so that the most obvious things are presented as strange and extraordinary. ![]()
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