Construction of subchapter. (a) General rule.-- This subchapter is declared to be remedial. Its purpose is to settle and to afford
Pennsylvania Consolidated Statutes
Section: 7541
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 7541
§ 7541. Construction of subchapter. (a) General rule.-- This subchapter is declared to be remedial. Its purpose is to settle and to afford
relief from uncertainty and insecurity with respect to rights, status, and other legal
relations, and is to be liberally construed and administered. (b) Effect of alternative remedy.-- The General Assembly finds and determines that the principle rendering declaratory
relief unavailable in circumstances where an action at law or in equity or a special
statutory remedy is available has unreasonably limited the availability of declaratory
relief and such principle is hereby abolished. The availability of declaratory relief
shall not be limited by the provisions of 1 Pa.C.S. § 1504 (relating to statutory
remedy preferred over common law) and the remedy provided by this subchapter shall
be additional and cumulative to all other available remedies except as provided in
subsection (c). Where another remedy is available the election of the declaratory
judgment remedy rather than another available remedy shall not affect the substantive
rights of the parties, and the court may pursuant to general rules change venue, require
additional pleadings, fix the order of discovery and proof, and take such other action
as may be required in the interest of justice. (c) Exceptions.-- Relief shall not be available under this subchapter with respect to any: (1) Action wherein a divorce or annulment of marriage is sought except as provided by
23 Pa.C.S. § 3306 (relating to proceedings to determine marital status). (2) Proceeding within the exclusive jurisdiction of a tribunal other than a court. (3) Proceeding involving an appeal from an order of a tribunal. (Dec. 19, 1990, P.L.1240, No.206, eff. 90 days) 1990 Amendment. Act 206 amended subsec. (c). Cross References. Section 7541 is referred to in section 7537 of this title.
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