What is the meaning of "Actio Personalis"?
British Columbia, Canada
The following excerpt is from Allan Estate (Executors of) v. Co-Operators Life Insurance Co., 1999 BCCA 35 (CanLII):
This legal maxim, though it is in Latin, does not have any pedigree in Roman law. Like all Latin maxims nowadays, its meaning is confusing for those who do not understand Latin, and even more confusing for those who do. It properly refers only to what happened to a plaintiff's personal action when the plaintiff died. As Mr. Justice Taschereau pointed out in Monaghan v. Horn (1882), 1882 CanLII 2 (SCC), 7 S.C.R. 409 at 442, the maxim would read "Actio in Personam" rather than "Actio Personalis" if it were intended to describe what happened to the plaintiff's action when the defendant died.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the meaning of a parent's "means" when it comes to income? (British Columbia, Canada)
Does the actio personalis maxim apply to a claim under the Wills Variation Act? (British Columbia, Canada)
What is the meaning of the word "means" under section 7(1) of the Income Guidelines? (British Columbia, Canada)
What is the meaning of s. 3 of the CJPT and what does ordinarily resident mean? (British Columbia, Canada)
How have courts interpreted the meaning of the word "judicial review" in the context of land Titles? (British Columbia, Canada)
Does Rule 37(31) mean joint tortfeasors? (British Columbia, Canada)
What is the meaning of “leaving it with a council member” in SPA section 63(1)(a)(a) of the SPA? (British Columbia, Canada)
What is the meaning of a consent order? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
What is the meaning of "residence" in the context of the Income Tax Act? (British Columbia, Canada)
