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2025 Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 37. SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS
Subchapter I. Survival of Actions and Causes of Action
§ 3701. Causes of action generally.
Universal Citation:
10 DE Code § 3701 (2025)
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§ 3701. Causes of action generally.
All causes of action, except actions for defamation, malicious prosecution, or upon penal statutes, shall survive to and against the executors or administrators of the person to, or against whom, the cause of action accrued. Accordingly, all actions, so surviving, may be instituted or prosecuted by or against the executors or administrators of the person to or against whom the cause of action accrued. This section shall not affect the survivorship among the original parties to a joint cause of action.
Code 1852, § 2295; Code 1915, § 4154; Code 1935, § 4637; 47 Del. Laws, c. 383; 10 Del. C. 1953, § 3701;
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