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§ 8.01-191.Construction of article.

Chapter 3. Actions · Article 17. Declaratory Judgments · Last amended 1977 · Last verified July 16, 2026

In one sentenceArticle 17 is declared remedial, meant to relieve the uncertainty and insecurity of legal disputes without forcing a party to invade another’s asserted rights just to gain standing to sue, and courts must interpret and apply it liberally to make the courts more useful to the public.

Full Text of § 8.01-191

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This article is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an ordinary action therefor. It is to be liberally interpreted and administered with a view to making the courts more serviceable to the people.

Plain-English Summary

Section 8.01-191 tells courts how to read the rest of Article 17. It declares the article remedial, meaning its purpose is corrective and protective rather than a narrow grant to be read tightly against the people trying to use it. That purpose, spelled out in the statute itself, is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights.

The section highlights a specific problem declaratory judgment solves: before this remedy existed, a party unsure of their rights sometimes had to invade the rights asserted by another — breach a contract, ignore an ordinance, act as though a disputed title were valid — just to trigger an ordinary lawsuit that would finally test the question. Article 17 lets a party get an answer without taking that risk first.

Section 8.01-191 closes by directing that the article be liberally interpreted and administered, with a view to making the courts more serviceable to the people. That instruction shapes how every other section in this article should be read: expansively, in favor of allowing declaratory relief, rather than as a narrow exception to ordinary litigation.

Frequently Asked Questions

How does Section 8.01-191 characterize Article 17?

As remedial legislation.

What problem does the statute say declaratory judgment relief was designed to solve?

The uncertainty and insecurity attendant upon controversies over legal rights.

What did a party sometimes have to do before declaratory judgments existed, according to this section?

Invade the rights asserted by another party just to gain standing to bring an ordinary lawsuit.

How should courts interpret Article 17 under this section?

Liberally, with a view to making the courts more serviceable to the people.

Does Section 8.01-191 create any new substantive right?

No, it is a construction provision directing how the rest of the article should be interpreted and applied.

Amendment History

Code 1950, § 8-585; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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