Comparative law notes
Although this action for relief serves the same function as a motion for declaratory judgement in US Federal Courts, the negative Feststellungsklage is a formal request made on its own and not as part of a larger complaint and also seeks a very specific type of remedy; namely, a ruling that a certain legal relationship does not exist. Hence, we prefer this slightly tweaked neologism. ** see Federal Rules of Civil Procedure 57 (Declaratory Judgment) The fact that a declaratory judgment may be granted "whether or not further relief is or could be prayed" indicates that declaratory relief is alternative or cumulative and not exclusive or extraordinary. A declaratory judgment is appropriate when it will "terminate the controversy" giving rise to the proceeding. Inasmuch as it often involves only an issue of law on undisputed or relatively undisputed facts, it operates frequently as a summary proceeding, justifying docketing the case for early hearing as on a motion.