Delaware § 3828 Construction and application of chapter and governing instrument

Delaware Statutes

§ 3828 — Construction and application of chapter and governing instrument

Delaware § 3828

JurisdictionDelaware

Title12

PartFiduciary Relations

Ch. 38TREATMENT OF DELAWARE STATUTORY TRUSTS

Subch.Domestic Statutory Trusts

This text of Delaware § 3828 (Construction and application of chapter and governing instrument) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 12, § 3828 (2026).

Text

(a)The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.

(b)It is the policy of this chapter 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.

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(a) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.

(b) It is the policy of this chapter 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.

Legislative History

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 ; 84 Del. Laws, c. 268, § 11