US Lawyer Database

§ 1-264 – Liberal construction and administration.

1-264. Liberal construction and administration. This Article is declared to be remedial, its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations, and it is to be liberally construed and administered. (1931, c. 102, s. 12.)

§ 1-265 – Word "person" construed.

1-265. Word "person" construed. The word "person" wherever used in this Article, shall be construed to mean any person, State agency, partnership, joint-stock company, unincorporated association, or society, or municipal corporation or other corporation of any character whatsoever. (1931, c. 102, s. 13; 2001-192, s. 3.)

§ 1-266 – Uniformity of interpretation.

1-266. Uniformity of interpretation. This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it, and to harmonize, as far as possible, with federal laws and regulations on the subject of declaratory judgments and decrees. (1931, c. 102, s. 15.)

§ 1-267 – Short title.

1-267. Short title. This Article may be cited as the Uniform Declaratory Judgment Act. (1931, c. 102, s. 16.)

§ 1-263 – Costs.

1-263. Costs. In any proceeding under this article the court may make such award of costs as may seem equitable and just. (1931, c. 102, s. 11.)

§ 1-254 – Courts given power of construction of all instruments.

1-254. Courts given power of construction of all instruments. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, […]

§ 1-255 – Who may apply for a declaration.

1-255. Who may apply for a declaration. Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, a minor, an incompetent person, or an insolvent person, may have […]

§ 1-256 – Enumeration of declarations not exclusive.

1-256. Enumeration of declarations not exclusive. The enumeration in G.S. 1-254 and 1-255 does not limit or restrict the exercise of the general powers conferred in G.S. 1-253 in any proceedings where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. (1931, c. 102, s. 4.)

§ 1-257 – Discretion of court.

1-257. Discretion of court. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding; provided, however, that a controversy between insurance companies, arising either by direct action or by joinder or […]

§ 1-258 – Review.

1-258. Review. All orders, judgment and decrees under this Article may be reviewed as other orders, judgments and decrees. (1931, c. 102, s. 6.)