Declaratory
In legal terminology , declaratory ( declaring legal , clear or ascertaining ; Latin declarare , "clearly denote") means that the legal effect has already occurred before the legal act . In the case of a declaratory legal act, only the existence of a law or legal relationship is established, attested or clarified.
Examples
- The entry in the commercial register is usually a declaratory legal act, because regardless of the entry, a merchant is someone who operates a trade according to § 1 HGB . The entry in the commercial register only attests to this fact .
- A declaratory acknowledgment of debt is a contract that merely confirms an already existing debt in terms of reason and / or amount. It should enable the creditor to prove guilt or make the guilt indisputable.
- A declaratory judgment in civil proceedings on a disputed legal relationship is only declaratory, as the legal relationship already existed before.
- In administrative law , the certification of citizenship by the authority is only declaratory, as this occurs by law.
The opposite of the declaratory effect is the constitutive effect that establishes, abolishes or shapes the law or legal relationship itself.
literature
- Creifeld's legal dictionary . 19th edition. Verlag CH Beck , Munich 2007, ISBN 978-3-406-55392-9 .
Web links
Wiktionary: declaratory - explanations of meanings, word origins, synonyms, translations
