The principle of “actio personalis moritur cum persona” is a Latin phrase that means “a personal right dies with the person.” It reflects the idea that certain rights and obligations are personal to the individual and cannot be transferred or inherited by another person after the death of the original holder of those rights. This principle is widely recognized in the field of law and is applied in various areas of law, including contract law, tort law, and inheritance law.

In contract law, personal rights and obligations under a contract cannot be transferred to another person without the consent of the other party. For example, if two individuals enter into a contract for the sale of goods, the right to receive payment and the obligation to deliver the goods are personal to each party and cannot be transferred to another person without the consent of the other party. This principle is essential to ensure that the parties to a contract are bound by the terms of the agreement and that each party has the ability to enforce their rights under the contract.

In tort law, the principle of “actio personalis moritur cum persona” means that a person who has suffered a personal injury cannot pass on the right to claim compensation to another person after their death. For example, if a person is injured as a result of someone else’s negligence, they have the right to claim compensation for their injury. This right is personal to the injured person and cannot be transferred to another person after their death. This principle is important to ensure that individuals are held responsible for their actions and that those who have suffered a personal injury are able to seek compensation.

In inheritance law, the principle of “actio personalis moritur cum persona” means that personal rights and obligations cannot be transferred to another person after the death of the original holder of those rights. However, this principle is subject to certain exceptions, as provided for under the provisions of the Nigerian Constitution and the Nigerian Inheritance Law. For example, the personal rights and obligations of a deceased person can be transferred to their heirs and beneficiaries in accordance with the provisions of these laws.

While the principle of “actio personalis moritur cum persona” is generally recognized in the Nigerian legal system, there are exceptions where personal rights and obligations can be transferred or inherited by another person. For example, in contract law, personal rights and obligations under a contract may be transferred or assigned to another person with the consent of the other party. In tort law, the personal right to claim compensation for a personal injury may be transferred to another person in certain circumstances, such as where the injured person is a minor or where the injury has resulted in the death of the injured person.

These exceptions demonstrate that while the principle of “actio personalis moritur cum persona” is generally recognized in the Nigerian legal system, it is not an absolute rule and may not apply in all cases. The application of this principle may vary depending on the specific circumstances of each case and the provisions of applicable laws.

The principle of “actio personalis moritur cum persona” is a fundamental concept in the Nigerian legal system and is reflected in the provisions of various laws and regulations. It is a key principle that helps to maintain the integrity and fairness of the legal system, by ensuring that personal rights and obligations cannot be transferred to another person without the consent of the relevant parties.

The principle of “actio personalis moritur cum persona” is also an important consideration for individuals and businesses when entering into contracts or other legal agreements. By understanding this principle and its exceptions, individuals and businesses can ensure that their rights and obligations are protected and that they are able to enforce their rights in the event of a dispute.

In order to fully understand the principle of “actio personalis moritur cum persona,” it is important to seek the advice of a qualified legal professional. A legal professional can provide guidance on the specific provisions of the law that apply in a particular case and can help to ensure that individuals and businesses are protected by the provisions of the law.

In conclusion, the principle of “actio personalis moritur cum persona” is a well-established principle in the field of law and is widely recognized in the Nigerian legal system. It reflects the idea that certain rights and obligations are personal to the individual and cannot be transferred or inherited by another person after the death of the original holder of those rights. However, there are exceptions to this principle where personal rights and obligations can be transferred or inherited by another person under certain circumstances. The exact application of the principle may vary depending on the specific circumstances of each case and the provisions of applicable laws. The principle is essential to ensure that individuals are held responsible for their actions and that those who have suffered a personal injury are able to seek compensation. It is also important to ensure that the parties to a contract are bound by the terms of the agreement and that each party has the ability to enforce their rights under the contract.

About the Author:

Somto T.J Chukwuleta Esq is a well-rounded individual with a passion for both the legal profession and the arts. Born on the 2nd of May in Anambra State, Nigeria, he holds a degree in L.lb from Chukwuemeka Odumegwu Ojukwu University and a BL degree from the Nigerian Law School, Bwari Abuja.

Somto is a legal practitioner at Nelson Uzoegbo & Associates, where he specializes in Corporate Law, Human Rights law, and Labour law, putting his legal expertise to use in serving clients.

In addition to his professional work, Somto is an accomplished writer and poet, expressing his creativity through the written word. In his free time, he is an avid reader and researcher, as well as a passionate footballer and die-hard fan of Arsenal FC. With his impressive academic background, professional experience, and diverse interests, Somto is a well-rounded individual with a unique blend of skills and passions.