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Introduction
In legal practice, there are various types of lawsuits that are used to enforce rights and claims. One of these types of action is the declaratory action. In this article we will look at the declaratory action in detail and explain its meaning, areas of application and special features.
Key Facts
- An action for declaratory judgment aims to establish the existence or non-existence of a legal relationship.
- In civil law, it can clarify the validity of a contract or the legality of a termination.
- In employment law, it enables the continuation of an employment relationship to be established.
- In social law, it is used to clarify the recognition of illnesses.
- In administrative law, it is used to review the legality of administrative acts.
- The plaintiff must prove an interest in a declaratory judgment in order to file the action.
- A declaratory action is often the last resort when other types of action are not available.
Definition
An action for a declaratory judgment is a court action whose purpose is to have the existence or non-existence of a legal relationship or the authenticity or non-authenticity of a document established. In contrast to actions for performance, in which a specific act or service is demanded, the declaratory action aims to create legal clarity.
Application areas
Civil law
In civil law, a declaratory judgment action can be used, for example, to have the validity of a contract or the legality of a termination determined.
Labour law
In employment law, an employee may file a declaratory judgment action to have an employment relationship determined to continue if he or she believes that a termination is invalid.
Social law
In social law, an action for a declaratory judgment can be used to have the recognition of an illness as an occupational disease or the granting of social benefits determined.
Administrative law
In administrative law, for example, an action for a declaratory judgment can be used to review the legality of an administrative act.
Procedure
An action for declaratory judgment shall be brought before the competent court. The plaintiff must state in the statement of claim which legal relationship or fact is to be established and why he has a legitimate interest in the establishment. The court then examines the factual and legal situation and issues a declaratory judgment that provides legal clarity.
Special features
A special feature of the declaratory action is the requirement of a “declaratory interest”. This means that the plaintiff must have a legal interest in having the disputed legal relationship or fact clarified. In addition, the declaratory action is often considered the ultima ratio when no other type of action can be considered.
Conclusion
The declaratory judgment action is an important tool in the legal system for creating legal clarity. It is used in various areas of law and makes it possible to have disputed legal relationships or facts clarified by the courts.
