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Section 7532 – General scope of declaratory remedy

§ 7532. General scope of declaratory remedy. Courts of record, within their respective jurisdictions, shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed […]

Section 7533 – Construction of documents

§ 7533. Construction of documents. 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, statute, ordinance, contract, or […]

Section 7534 – Before breach of contract

§ 7534. Before breach of contract. A contract may be construed either before or after there has been a breach thereof. Cross References. Section 7534 is referred to in section 7536 of this title.

Section 7535 – Rights of fiduciaries and other persons

§ 7535. Rights of fiduciaries and other persons. Any person interested, as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, lunatic, or insolvent, may have a declaration […]

Section 7536 – Enumeration not exclusive

§ 7536. Enumeration not exclusive. The enumeration in section 7533 (relating to construction of documents) through 7535 (relating to rights of fiduciaries and other persons) does not limit or restrict the exercise of the general powers, conferred in section 7532 (relating to general scope of declaratory remedy), in any proceeding, where declaratory relief is sought, […]

Section 7537 – Remedy discretionary

§ 7537. Remedy discretionary. 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, but as provided in section 7541(b) (relating to effect of alternative remedy), the existence of an alternative […]

Section 7538 – Applications for relief

§ 7538. Applications for relief. (a) General rule.–Judicial relief based on a declaratory judgment or decree may be granted whenever necessary or proper, subject to Chapter 55 (relating to limitation of time). If an application for supplemental relief is deemed sufficient the court shall, on reasonable notice, require any adverse party whose rights have been […]

Section 7539 – Issues of fact

§ 7539. Issues of fact. (a) General rule.–Relief may be granted under this subchapter notwithstanding the fact that the purpose or effect of the proceeding, in whole or in part, is to resolve or determine a question of fact. (b) Jury trial.–When a proceeding under this subchapter involves the determination of an issue of fact, […]

Section 7540 – Parties

§ 7540. Parties. (a) General rule.–When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or […]

Section 7541 – Construction of subchapter

§ 7541. Construction of subchapter. (a) General rule.–This subchapter 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 is to be liberally construed and administered. (b) Effect of alternative remedy.–The General Assembly finds and determines that […]