Declaratory action

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.

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.