| 释义 |
declaratory, a. and n.|dɪˈklærətərɪ|
[ad. L. type dēclārātōri-us, -a, -um, f. dēclārātōr-em a declarer: see -ory. Cf. F. déclaratoire (16th c.).]
Having the function of declaring, setting forth, or explaining; having the nature or form of a declaration; affirmatory.
declaratory act or declaratory statute: one which declares or explains what the existing law is. declaratory action (Sc. Law) = action of declarator. declaratory judgement or declaratory decree: one which simply declares the rights of the parties or the opinion of the court as to what the law is.
1587Fleming Contn. Holinshed III. 1362/2 The explication or meaning of the bull declaratorie made by Pius the fift against Elisabeth. a1631Donne in Select. (1840) 67 Neither would this profit without the declaratory justification. 1648in Clarendon Hist. Reb. xi. (1843) 679/2 A recital in a new law, which was not a declaratory law of what the law was formerly in being. 1699Burnet 39 Art. xxv. (1700) 276 The power of pardoning is only declaratory. 1787J. Barlow Oration 4 July 7 That declaratory Act of Independence, which gave being to an empire. 1845Polson in Encycl. Metrop. 852/1 Actions known to Scottish law..Declaratory actions, wherein the right of the pursuer is craved to be declared, but nothing is claimed to be done by the defender. 1857Gladstone Glean. VI. xliii. 74 The case is not one of divorce at all, but of a declaratory process where the marriage had been originally null. 1884A. R. Pennington Wiclif viii. 257 With regard to Penance and Absolution, he holds the view of the Church of England, that the office of the priest is declaratory.
b. Const. of.
1660R. Coke Power & Subj. 227 That the Statute..should be but declaratory of the ancient and common Law of this Land. 1791Mackintosh Vind. Gallicæ Wks. 1846 III. 26 Resolutions declaratory of adherence to their former decrees. 1876Bancroft Hist. U.S. III. x. 431 The decision was declaratory of the boundary. 1884Law Reports 9 App. Cases 95 The Bills of Exchange Act, 1882..is declaratory of the prior law.
†B. n. A declaratory order; a declaration. Obs.
1571State Trials, Dk. of Norfolk (R.), A summary cognition in the cases of controversy, with a small declaratory to have followed. 1691Agreement w. Denmark (MS. Treaties 96), His Majesty..has thought fitt to issue out a Declaratory or Ordonnance..concerning the Shipping and the carrying on of their Commerce with France. |