Delaware Code Title 12 Sec. 3828 – Construction and application of chapter and governing instrument
(a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this subchapter.
Terms Used In Delaware Code Title 12 Sec. 3828
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 12 Sec. 39A-101
(b) It is the policy of this subchapter to give maximum effect to the principle of freedom of contract and to the enforceability of governing instruments.
(c) Action validly taken pursuant to 1 provision of this chapter shall not be deemed invalid solely because it is identical or similar in substance to an action that could have been taken pursuant to some other provision of this chapter but fails to satisfy 1 or more requirements prescribed by such other provision.
(d) A governing instrument that provides for the application of Delaware law shall be governed by and construed under the laws of the State of Delaware in accordance with its terms.
68 Del. Laws, c. 404, § ?15; 70 Del. Laws, c. 186, § ?1; 70 Del. Laws, c. 548, § ?16; 71 Del. Laws, c. 335, § ?10; 74 Del. Laws, c. 353, § ?17; 77 Del. Laws, c. 403, § ?22; 78 Del. Laws, c. 280, § ?21; 82 Del. Laws, c. 264, § 16;