THE PRINCIPLE OF EQUITY: FROM ROMAN LAW TO CONTEMPORARY EUROPEAN PRIVATE (INTERNATIONAL) LAW
THE PRINCIPLE OF EQUITY: FROM ROMAN LAW TO CONTEMPORARY EUROPEAN PRIVATE (INTERNATIONAL) LAW
Author(s): Ines Matešković Matić, Danijela VrbljanacSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, Civil Law, Law on Economics, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Sharia Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Natural law; Roman law; equity; aequitas; European private international law; comparative law
Summary/Abstract: The article explores key Roman legal texts and the writings of prominent jurists, illustrating how equity (aequitas) functioned as a corrective tool within the Roman legal framework. The focus then shifts to the mechanisms which are employed in modern European private (international) law instruments which regulate international jurisdiction, applicable law and substantive solutions to achieve appropriate balance between the conflicting interests. The study employs a multidisciplinary methodology, combining historical legal analysis, comparative law, and case study examination. The study highlights equity's flexibility and adaptability, arguing that it remains a vital principle from historical to modern legal frameworks and comprehensively demonstrates equity's significant impact on legal systems from Roman times to the present day.
Journal: IUS ROMANUM
- Issue Year: 2024
- Issue No: 2
- Page Range: 571-590
- Page Count: 20
- Language: English
