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Encyclopedia > Declaration (law)

In law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment. Less commonly, where declaratory relief is awarded by an arbitrator, it is normally called a declaratory award. A judgment or judgement (see spelling note below), in a legal context, is synonymous with the formal decision made by a court following a lawsuit. ... An arbitration award (or arbitral award) is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law. ... Arbitration, in the law, is a form of alternative dispute resolution — specifically, a legal alternative to litigation whereby the parties to a dispute agree to submit their respective positions (through agreement or hearing) to a neutral third party (the arbitrator(s) or arbiter(s)) for resolution. ...


Declaratory relief is most commonly seen in two particular circumstances:

  • applications for declarations of legitimacy, in family and probate legal proceedings; and
  • under insurance policies, for a determination of whether a peril is covered by a particular policy.

However applications for declaratory relief in other areas have become more widespread, particularly in Europe. A key feature in relation to this development have been the Brussels and Lugano Conventions on civil jurisdiction and judgments relating to members of the EEA. In certain circumstances, jurisdiction is awarded under the conventions to the courts first seised of the matter. This has led to a rise in defendants taking pre-emptive action by seeking "declarations of non-liability" in a race to the courthouse to ensure that the they choose the court first seised rather than waiting for the claimant to do so. Probate is the legal process of settling the estate of a deceased person; specifically, resolving all claims and distributing the decedents property. ... Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss. ... The Brussels Regime is a set of rules regulating the allocation of jurisdiction in international legal disputes of a civil or commercial nature involving persons resident in a member state of the European Union (EU). ...  EFTA countries (except Switzerland)  EU countries Together these form the EEA. The European Economic Area (EEA) came into being on January 1, 1994 following an agreement between the European Free Trade Association (EFTA) and the European Union (EU). ... Race to the courthouse is an informal name given to a form of so-called forum shopping where both parties are allowed to file a lawsuit in a favorable court. ...


Other legal uses

Declaration is used (as a verb or a noun) in other ways in certain legal systems.

  • In some legal systems, a declaration is an alternative term for a sworn affidavit.
  • In relation to companies, declaration is the first step in relation to distribution and payment of dividends.
  • In trust law, a settlor who declares that he holds certain propery on trust is said to make a declaration of trust.
  • Dying declarations are an exception to the rule against hearsay in many legal systems.
  • Declarations against interest are also an exception to the rule against hearsay in many legal systems.
  • A formal declaration of default is required to enforce creditors' security rights in some legal systems.


 
 

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