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Construction of subchapter - 42 Pa. Cons. Stat. § 7541

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     § 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.

Last modified: November 27, 2007