Right of action-Declaration

A.S.C.A. § 43.1101 — under Declaratory Relief.

A.S.C.A. § 43.1101

Any person interested under a deed, will or other written instrument, or under a contract, or who desires a declaration of his rights or duties with respect to another, or in respect to, in, over or upon property, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an action in the trial division of the High Court for a declaration of his rights and duties, including a determination of any question of construction or validity arising under an instrument or contract. He may ask for a declaration of his rights and duties, either alone or with other relief. The court may make a binding declaration of such rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and such declaration shall have the force of a final judgment. Such declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought.

History: 1967, PL 10-22.