Delaware Statutes
§ 3701 — Causes of action generally
Delaware § 3701
JurisdictionDelaware
Title10
PartProcedure
Ch. 37SURVIVAL OF ACTIONS AND CAUSES OF ACTION; WRONGFUL DEATH ACTIONS
Subch.Survival of Actions and Causes of Action
This text of Delaware § 3701 (Causes of action generally) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Del. Code tit. 10, § 3701 (2026).
Text
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.
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Legislative History
Code 1852, § 2295; Code 1915, § 4154; Code 1935, § 4637; 47 Del. Laws, c. 383 ; 10 Del. C. 1953, § 3701
Nearby Sections
15
§ 3702
Death of party§ 3704
Personal injury actions§ 3708
Public officer’s action§ 3721
Definitions§ 3725
PurposeCite This Page — Counsel Stack
Bluebook (online)
Delaware § 3701, Counsel Stack Legal Research, https://law.counselstack.com/statute/de/10/3701.