Publisher's Synopsis
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 ?ourished 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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