Introduction
The legal maxim Actio personalis moritur cum persona holds a significant place in jurisprudence. This Latin phrase translates to “a personal right of action dies with the person.” It implies that certain legal claims or liabilities extinguish upon the death of the concerned individual. This principle has historical roots in Roman law and continues to influence modern legal systems, including Pakistan. This article explores its application in Pakistani law, supported by statutory provisions, judicial precedents, and Islamic principles.
Application of the Maxim in Pakistani Law
The maxim Actio personalis moritur cum persona is embedded in the framework of Pakistani law. It is particularly relevant in cases involving personal torts, contractual obligations, and criminal liabilities. The principle governs the survivability of legal actions and ensures a balance between justice and practicality.
Relevant Laws in Pakistan
- The Succession Act, 1925
- Section 306: This section directly addresses the survivability of actions after a person’s death. It states that all demands and rights of action survive to the executor or administrator of the deceased, except those relating to defamation, assault, or other purely personal wrongs.
- The Contract Act, 1872
- The law recognizes that personal obligations in contracts, such as those tied to the unique skills or attributes of an individual, terminate upon the person’s death.
- The Criminal Procedure Code, 1898 (CrPC)
- In criminal cases, the liability of an accused generally ceases upon their death, as stipulated in Section 431, which addresses the abatement of appeals due to the death of the accused.
Judicial Precedents in Pakistan
The judiciary in Pakistan has repeatedly examined and interpreted the maxim to align with the principles of equity and justice. Below are key cases:
- Supreme Court of Pakistan
- PLD 1991 SC 102: Ghulam Muhammad v. State The court held that criminal liability is inherently personal and cannot be transferred or continued against the deceased’s heirs.
- Lahore High Court
- PLD 2012 Lahore 45: Asghar Ali v. Zafar Iqbal In this case, the court applied Section 306 of the Succession Act, 1925, emphasizing that claims related to defamation and other personal wrongs do not survive the death of the claimant.
- Sindh High Court
- 2017 MLD 89: Muhammad Rafiq v. Pakistan The court discussed the application of the maxim in contractual disputes, particularly those involving personal obligations that could not be performed by the deceased’s heirs.
Quranic Perspective
The Holy Quran emphasizes individual accountability and justice. While no specific verse directly aligns with the maxim, the principle can be inferred from:
- Surah Al-An’am (6:164): “And no bearer of burdens will bear the burden of another.”
This verse reinforces the idea that personal liabilities and responsibilities are non-transferable, resonating with the essence of the maxim.
Practical Implications
The application of Actio personalis moritur cum persona ensures fairness in legal proceedings and simplifies the administration of justice. It prevents undue hardship on heirs by extinguishing certain liabilities and personal claims after the individual’s death.
Implications in Civil Cases
In civil disputes, particularly tort claims like defamation, assault, or personal injury, the maxim ensures that personal grievances do not burden the deceased’s estate or successors.
Implications in Criminal Cases
The maxim safeguards individuals from posthumous criminal liability, ensuring that penalties or convictions are not carried forward unfairly.
Frequently Asked Questions (FAQs)
- What does the maxim Actio personalis moritur cum persona mean?
- It means “a personal right of action dies with the person,” indicating that certain legal claims and liabilities extinguish upon the individual’s death.
- Does this maxim apply to all types of legal claims?
- No, it primarily applies to personal torts and obligations. Claims related to property or contractual obligations may survive, subject to the law.
- How does Pakistani law address the maxim?
- Pakistani law incorporates this principle through statutes like the Succession Act, 1925, and judicial interpretations.
- Are there exceptions to this principle?
- Yes, certain obligations, such as debts or property disputes, may survive the individual’s death and can be pursued against the estate.
- Can this principle be challenged in Islamic law?
- While the principle aligns with Quranic teachings on individual accountability, specific cases may require further interpretation under Islamic jurisprudence.
Contact for Legal Assistance
For legal assistance regarding cases involving Actio personalis moritur cum persona, contact:
Azam Ch Advocate
Sattaria Law Associates
Chambers 220, 221, 222, District Courts, Okara
Google Map Location
Mobile & WhatsApp: +923006954414
Website: www.azamchadv.com
