declarator


Also found in: Dictionary, Wikipedia.
Related to declarator: Declaratory Act

declarator

in Scotland, an order of court declaring a party's rights. It cannot be sought as an academic exercise - there must be some real dispute. It is frequently sought as a preliminary to interdict.
Mentioned in ?
References in periodicals archive ?
Officers of State (81) a 1750 decision that nicely illustrates the Court of Session's use of the declarator action.
Of Declarator of Marriage cases, 371 were raised by women and 46 by men.
A woman or man could raise an action for declarator of marriage in order to prove a valid marriage (an obverse action, a declarator of freedom and putting to silence, could be raised to prevent someone from claiming to be a spouse).
104 specification says that these must be qualified with the RECURSIVE declarator.
Before bringing an action on the grounds of desertion (also known as non-adherence), a prior action of adherence first had to be brought before the commissaries (sometimes also a declarator of marriage if there was likely to be any doubt about the validity of the marriage).
nAS you weren't married, you can't be next of kin unless you obtained declarator from the Court of Session that you were 'husband and wife'.
Aduke's lawyer Charles Macnair told the Court of Session in Edinburgh: "She has chosen not to pursue an action for declarator of marriage.
YOU need a document known as a declarator of marriage.
I assume the English court would have the power to issue a declarator that the conduct was in breach of the statute, and also to make orders that might have an effect in relation to future sales.
A COURT can grant a declarator of death if it is satisfied a person has not been known to be alive for the past seven years, according to the Presumption of Death (Scotland) Act 1977.
nYOU should raise a court action for declarator of parentage and the granting of parental rights.