Death of a Party After Judgment: Legal Consequences and Continuation of Proceedings”
Legal Analysis: Death of a Party After Judgment and Continuation of Proceedings
In this case, the death occurred after the court had already rendered its judgment. Therefore, it does not constitute a case of death before judgment under Section 42, paragraph two, of the Civil Procedure Code. Where a party dies after judgment has been delivered, the proceedings are not extinguished. The heir or legal representative may file an application to continue the proceedings or to enforce the judgment without the need to initiate a new action.
Under Section 826 of the Civil and Commercial Code, if the principal or the agent dies, the agency is extinguished. However, the agent is obligated to take such reasonable measures as are necessary to protect the interests of the principal until the heir or representative is able to assume responsibility.
Accordingly, although the agency relationship terminates upon death, there remains a residual duty to safeguard the principal’s interests. In the present case, the heir is entitled to proceed with enforcement or further procedural steps without re-litigating the matter.