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In South African law, a declaratory order is an order handed down by the courts which defines the rights or obligations of a particular party, or the rights and/or obligations that exist between two parties.
An example of this in a case involving contracts would be a party seeking an interpretation of the contract to determine their rights. Another example would be an insured individual seeking a specific determination of their rights and surrounding circumstances regarding insurance coverage under a specific policy.
A declaratory order constitutes a declaration of rights between parties to a dispute and is binding as to both present and future rights. It is an administrative interpretation or explanation of a right, statute, order or other legal matter under a statute, rule, or an order. Sample 1. Sample 2. Sample 3.
issued declaratory judgment outlines the rights and responsibilities of each involved party. This judgment does not require action or award damages. It helps to resolve disputes and prevent lawsuits.
Declaratory ruling means an explanation of a rule or order and its applicability to a particular matter.