Latin. An action commenced against a person deceased transmits against his heirs. This rule is not universal, because there are actions properly personal, which do not transmit either to, or against heirs. Such are all actions for recovery of penalties arising ex delicto, which do not transmit against the heir, who is not liable for his ancestor's delict. Penal actions do not transmit, but it is otherwise as regard actions for civil reparation and damage. Some actions, (as for example, actions for damages on account of defamation, &c.) being in a measure personal and not transmissible in the ordinary case, do nevertheless transmit to, and against heirs, if there has been litiscontestation.