Results 161 to 170 of about 34,275 (213)
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Critical Review of International Social and Political Philosophy, 2016
Equity is clearly central to Hobbes’s theory of the laws of nature, and it has an important place in his doctrine of the duties and exercise of sovereignty. It is also prominent in his general theory of law, especially as it is articulated in the late Dialogue between a Philosopher and a Student of the Common Laws of England.
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Equity is clearly central to Hobbes’s theory of the laws of nature, and it has an important place in his doctrine of the duties and exercise of sovereignty. It is also prominent in his general theory of law, especially as it is articulated in the late Dialogue between a Philosopher and a Student of the Common Laws of England.
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1. The Equity of the Law: Law and Equity since Justinian
2014The author intends to show first how the civil law lost the dual structure of classical Roman law and secondly how it came to introduce a ban on an equitable review of the law. By the continuous interaction between 'law' and 'equity', Roman law attained an impressive flexibility, supervised and controlled by the praetor, who developed a complex system ...
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Equity, Law, and the Seventh Amendment
SSRN Electronic Journal, 2021The Seventh Amendment requires that the civil jury trial right be “preserved” in “Suits at common law.” Those bits of constitutional text have long set the justices on a path of historical reconstruction. For roughly two centuries, the Supreme Court has determined the scope of the civil jury trial right in contemporary federal courts by reference to ...
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2019
This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is equitable. In this regard, the term “equitable” implies that fiduciary law serves a characteristic equitable function, a function that solves problems of high variability ...
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This chapter explores the relationship between fiduciary law and equity, focusing on an idea that largely determines the place of fiduciary law in private law: that fiduciary law is equitable. In this regard, the term “equitable” implies that fiduciary law serves a characteristic equitable function, a function that solves problems of high variability ...
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SSRN Electronic Journal, 2016
The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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The article explores the continuing relevance of the 1991 Delaware Supreme Court decision in Schnell v. Chris-Craft Industries, Inc., in particular the extent to which evolving concepts of good faith have, or should, displace the free-wheeling equity doctrine of Schnell.
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2019
Introduction Much of equitable doctrine concerning contract law is now covered in contract law or property law subjects. Our coverage will therefore be brief. Equitable intervention into contract law can take one of four forms: (a) Equity enforces some promises which are unenforceable at common law.
Vicki Vann +3 more
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Introduction Much of equitable doctrine concerning contract law is now covered in contract law or property law subjects. Our coverage will therefore be brief. Equitable intervention into contract law can take one of four forms: (a) Equity enforces some promises which are unenforceable at common law.
Vicki Vann +3 more
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2017
While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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While the legal concept of “equity” as a body of rules is routinely employed in a number of fields of international law relevant to the management of water resources and the supply of water services, including international environmental law and international human rights law, it is absolutely central to international water resources law, i.e. the body
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SSRN Electronic Journal, 2015
This paper serves to introduce the reader to the concept and use of the term "equity" and its place in modern systems of law. The paper begins in the middle of history - with the curious cases of Sir Mathew Begbie, who served as the first chief judge for the colony of British Columbia. Sir Begbie served as both a common law judge and a judge in a court
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This paper serves to introduce the reader to the concept and use of the term "equity" and its place in modern systems of law. The paper begins in the middle of history - with the curious cases of Sir Mathew Begbie, who served as the first chief judge for the colony of British Columbia. Sir Begbie served as both a common law judge and a judge in a court
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Equity in the Civil Law and the Common Law
The American Journal of Comparative Law, 1966THE FOLLOWING ARTICLE BY THE FORMER EDITOR-IN-CHIEF OF THIS Journal WAS WRITTEN FOR PUBLICATION IN SPANISH AT THE REQUEST OF THE SPANISH COMMISSION IN CHARGE OF THE COMMEMORATIVE VOLUME, Centenario de la Ley de Notariado. THE BOARD OF EDITORS WISHES TO EXPRESS ITS GRATITUDE TO THE Junta de Decanos de los Colegios Notariales de Espana, AND IN PARTICULAR
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Equity and certainty in contract law
Acta Juridica, 2021The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in
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