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Litigation

Patent

1933

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Declaratory Judgments - Germany, Edwin Borchard Jan 1933

Declaratory Judgments - Germany, Edwin Borchard

Faculty Scholarship Series

Other codes and statutes also provide for declaratory judgments. The Code of Criminal Procedure provides that, when the question as to whether an act is punishable depends upon the determination of a legal relationship, this issue shall be decided by the criminal court. The law of noncontentious jurisdiction provides that the Court of Registration (Registergericht) may postpone an order of registration which depends upon the determination of a disputed legal relationship until that dispute has been decided by declaration. Judgments upon disputed claims in bankruptcy and in execution proceedings are declaratory. By the law of associations, a member may sue ...