Delaware Code
Subchapter I. Domestic Statutory Trusts
§ 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.
(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.

Structure Delaware Code

Delaware Code

Title 12 - Decedents' Estates and Fiduciary Relations

Chapter 38. TREATMENT OF DELAWARE STATUTORY TRUSTS

Subchapter I. Domestic Statutory Trusts

§ 3801. Definitions.

§ 3802. Contributions by beneficial owners.

§ 3803. Liability of beneficial owners and trustees.

§ 3804. Legal proceedings.

§ 3805. Rights of beneficial owners and trustees in trust property.

§ 3806. Management of statutory trust.

§ 3807. Trustee in State; registered agent [Effective until Aug. 1, 2023].

§ 3807. Trustee in State; registered agent [Effective Aug. 1, 2023].

§ 3808. Existence of statutory trust.

§ 3809. Applicability of trust law.

§ 3810. Certificate of trust; amendment; restatement; cancellation.

§ 3811. Execution.

§ 3812. Filing of certificate.

§ 3813. Fees [Effective until Aug. 1, 2023].

§ 3813. Fees [Effective Aug. 1, 2023].

§ 3814. Use of names regulated.

§ 3815. Merger and consolidation.

§ 3816. Derivative actions.

§ 3817. Indemnification.

§ 3818. Treasury interests.

§ 3819. Access to and confidentiality of information; records.

§ 3820. Conversion of other business entities to a statutory trust.

§ 3821. Conversion of a statutory trust.

§ 3822. Domestication of non-United States entities.

§ 3823. Transfer or continuance of domestic statutory trusts.

§ 3824. Judicial cancellation of certificate of trust; proceedings.

§ 3825. Division of a statutory trust.

§ 3826. Document form, signature and delivery.

§ 3828. Construction and application of chapter and governing instrument.

§ 3829. Short title.