In law, a declaration ordinarily refers to a judgment of the court or an award

Arbitration award

An arbitration award is a determination on the merits by an arbitration tribunal in an arbitration, and is analogous to a judgment in a court of law...

 of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a declaratory judgment. Less commonly, where declaratory relief is awarded by an arbitrator, it is normally called a declaratory award.

Declaratory relief is most commonly seen in two particular circumstances:

• applications for declarations of legitimacy, in family and probate
  Probate
  Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
  
   legal proceedings; and
• under insurance
  Insurance
  In law and economics, insurance is a form of risk management primarily used to hedge against the risk of a contingent, uncertain loss. Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for payment. An insurer is a company selling the...
  
   policies, for a determination of whether a peril
  Peril
  Peril may refer to:* Peril , an Australian electronic music group* USS Peril , an Admirable-class minesweeper* Peril , a 2000 film by David Giancola...
  
   is covered by a particular policy.

However applications for declaratory relief in other areas have become more widespread, particularly in Europe. A key feature in relation to this development have been the Brussels and Lugano Conventions on civil jurisdiction and judgments

Brussels Regime

The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union and the European Free Trade Association...

 relating to members of the EEA

European Economic Area

The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...

. In certain circumstances, jurisdiction is awarded under the conventions to the courts first seised of the matter. This has led to a rise in defendants taking pre-emptive action by seeking "declarations of non-liability" in a race to the courthouse

Race to the courthouse

"Race to the courthouse" is an informal name used to describe the rule in some jurisdictions that the first conveyance instrument, mortgage, lien or judgment to be filed with the appropriate recorder's office, will have priority and prevail over documents filed subsequently, irrespective of the...

 to ensure that the they choose the court first seised rather than waiting for the claimant to do so.

Other legal uses

Declaration is used (as a verb or a noun) in other ways in certain legal systems.

• In some legal systems, a declaration is an alternative term for a sworn affidavit
  Affidavit
  An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
  
  .
• In relation to companies, declaration is the first step in relation to distribution and payment of dividends.
• In trust law
  Trust law
  In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another...
  
  , a settlor
  Settlor
  In law a settlor is a person who settles property on trust law for the benefit of beneficiaries. In some legal systems, a settlor is also referred to as a trustor, or occasionally, a grantor or donor. Where the trust is a testamentary trust, the settlor is usually referred to as the testator...
  
   who declares that he holds certain property on trust is said to make a declaration of trust.
• Dying declaration
  Dying declaration
  In the law of evidence, the dying declaration is testimony that would normally barred as hearsay but may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person.-History:...
  
  s are an exception to the rule against hearsay
  Hearsay
  Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
  
   in many legal systems.
• Declarations against interest are also an exception to the rule against hearsay in many legal systems.
• A formal declaration of default is required to enforce creditors' security rights
  Security interest
  A security interest is a property interest created by agreement or by operation of law over assets to secure the performance of an obligation, usually the payment of a debt. It gives the beneficiary of the security interest certain preferential rights in the disposition of secured assets...
  
  in some legal systems.