СУЂЕЊЕ ПО ПРАВИЧНОСТИ У ОПШТЕМ И У АРБИТРАЖНОМ ПРАВУ
ADMINISTERING JUSTICE ACCORDING TO EQUITY IN THE GENERAL AND ARBITRATION LAWS

Summary/Abstract: The general law concerning administration of justice according to equity is codified in the civil codes in individual countries, while the law of arbitration concerning the same subject matter — in the international arbitration conventions, then in the regulations and internal statutes of permanent arbitration tribunals, as well as in the arbitration agreements entered into by the interested parties. Particularly significant for the administration of justice according to equity in the present-day Yugoslav general law are 1he provisions of paragraph 8 of the Serbian Civil Code of 1844, as well as articles 101, 133/1 and 208 of the Yugoslav Law on Obligation Relations (Torts and Contract Law) of 1978. Administering justice according to equity requires, first of all, making a formal legal analysis of the disputed case, followed by an economic and wider sociological analysis of the raw actual relationship, the psychological analysis of the parties, including their intention (will), and finally — the practical consideration of the outcome of the solution sought. Equity is derived out of the notion of justice. Justice means an equal approach in treating equal things and inequal treatment in approaching the inequal things — proportionately to their inequality. Administering justice according to equity, on its part, has as its aim the bringing into accord the positive law in specific cases with the social conception of the just at a given moment.

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