In law, a declaration ordinarily refers 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. ...
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 lead in 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, distributing the decedents property. ... Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of potential financial 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). ... Map of the EEA countries. ... 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.
The act of declaring, or publicly announcing; explicit asserting; undisguised token of a ground or side taken on any subject; proclamation; exposition; as, the declaration of an opinion; a declaration of war, etc.
In 1776 the Americans laid before Europe that noble Declaration, which ought to be hung up in the nursery of every king, and blazoned on the porch of every royal palace.
{Declaration of trust} (Law), a paper subscribed by a grantee of property, acknowledging that he holds it in trust for the purposes and upon the terms set forth.