Declaration (law)

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In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems.

Canon law

In the

juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond.

Common law

In

, it is normally called a declaratory award.

Declaratory relief is most commonly seen in two particular circumstances:

1. applications for declarations of legitimacy, in family and probate legal proceedings; and
2. under
   peril
   is covered by a particular policy.

European Union law

Applications for declaratory relief in other areas have become more widespread, particularly in Europe. A key feature in relation to this development has been the Brussels and Lugano Conventions on civil jurisdiction and judgments relating to members of the European Economic Area (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 they choose the court first seized rather than waiting for the claimant to do so.^{[citation needed]}

Declaratory legislation

An

likewise mean to define a status that already existed.

Other legal uses

Declaration is used (sometimes rendered as a verb) in other ways in certain legal systems.

• In some legal systems, an unsworn declaration under penalty of perjury may be used in lieu of an affidavit to submit a witness's written testimony to a court.^[2]
• In relation to
  dividends
  .
• In
  trust law, a settlor
  who declares that he holds certain property 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.
• An
  interpretative declaration
  is a formal note made by a state upon ratifying a treaty clarifying the state's interpretation of the treaty.

References

Further reading

Chisholm, Hugh, ed. (1911). "Declaration" . Encyclopædia Britannica. Vol. 7 (11th ed.). Cambridge University Press. pp. 913–914.