Excerpt from The Declaratory Judgment, Brief
With this, the catalogue of declaratory jud ments of the modern French law may be said to be exhausted. Igrance has no general statute authorizing a declaratory jud ment. But while the institu tion has fallen into disuse in modern rance, it was from the France of the fourteenth and fifteenth centuries, with contributions from ecclesiastical law, that it found its way into Scotland, where it has develo ed and flourished and whence, in 1852, it worked its way into Englis practice. Before taking up the Scotch development, how ever, the law in certain other countries will be mentioned.
Germany - The German code of civil rocedure of 1877, following the practice of various German States, a opted the declaratory judg ment, both affirmative and negative, in its widest application. Sec tion 231 of that code (256 of the revised code of 1898) reads as follows.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Excerpt from The Declaratory Judgment, Brief A bill To authorize the Federal courts of the United States to render declaratory judgments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section twenty-four of chapter two of the Judicial Code, approved March third, nineteen hundred and eleven, be amended by adding thereto the following: "Twenty-sixth. The district courts, the circuit courts of appeals, and the Supreme Court of the United States shall have power in any action or in an independent or interlocutory proceeding, to declare rights and other legal relations on written request for such declaration, whether or not further relief is or could be claimed; and such declaration shall have the force of a final judgment." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Paperback. Condition: New. Print on Demand. This book explores the legal concept of the declaratory judgment, a type of judicial ruling that clarifies a legal relationship or situation without necessarily ordering any specific action. The author traces the historical evolution of this legal tool, beginning with its roots in Roman law and its subsequent development in medieval European legal systems. The book delves into the distinction between affirmative and negative declaratory judgments, highlighting the unique role of the latter in protecting individuals from unfounded claims. The author analyzes the development of the declaratory judgment in various legal systems, including Scotland, Germany, and France, providing a comparative perspective on its implementation and interpretation. Through an examination of case law, the author argues for the declaratory judgment as a valuable instrument of legal reform, emphasizing its potential for reducing uncertainty and promoting social stability. Ultimately, this book offers a detailed historical and analytical exploration of the declaratory judgment, making a compelling case for its continuing significance in modern legal practice. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781330882313_0
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330882313
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330882313
Quantity: 15 available