Aequitas w poglądach Azona
Aequitas in Azon’s views

Summary/Abstract: Background: According to the doctrine of the members of the Bologna school of glossators active from the second half of the 11th c. to the mid-13th c., the concept of aequitas played a significant role. Aequitas is one of the fundamental concepts of the law. It refers to both the very essence of the law as well as its application. Widely presented in the views of Roman jurisprudence, it naturally became the subject of rigid analyses by the glossators when they studied Justinian’s codification. Medieval jurists discussed the meaning of ius, iustitia and aequitas for the needs of judicial practice. Their discussion turned into a dispute that reached the point where it split the school into two camps: the so-called Bulgarians and the so-called Martinists. In Polish legal science, the concept of equity in the glossators’ doctrine was studied by E. Szymoszek during his wider research on the concept of iurisdictio. Moreover, in the Polish literature, the analysis of ius aequum and ius strictum in the works of Bolognese jurists is undertaken only marginally. Research purpose: The aim of this study is to analyse the views of Azo – one of the most prominent representatives of the Bologna school of glossators – on the concept of aequitas. Azo (Azzo Porcius), being active in the final years of the school’s existence, synthesised the views of his predecessors. Therefore the opinions presented by him enable modern scholars to understand the ultimate version of the Glossators’ opinions on aequitas. Methods: The study analyses Azo’s views on aequitas using historical, legal and dogmatic methods. Conclusions: The study showed that Azo’s views were partially consistent with the views expressed earlier by Bulgarus and the jurists who were his disciples. Azo rejected the concept of aequitas put forward by the Martinists as incompatible with the rules assembled in Justinian’s codification. On the other hand, he favoured the use of equity when it appeared in the rules of statutory law.

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