From the Aristotelic Concept of επιεικεια to the New Romanian Civil Code`s Equity
Author(s): Emanuel Tăvală
DE LA CONCEPTUL ARISTOTELIAN DE επιεικεια LA ECHITATEA DIN NOUL COD CIVIL ROMÂNESC
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: aequitas; equity; European Law Systems; New Civil Code; jurisprudence; philosophy.
Summary/Abstract: The aim of this article is to emphasize some practical aspects of the concept of equity. Making a short introduction about the term and its evolution starting with Aristotle and the ancient Greek and Roman philosophy, I tried to underline the reflection of these first conceptions on equity over the legislations in Europe. It is not a new discovery to have and use this concept in the civil codes of the European countries and now more than ever in the Romanian Civil Code. I underlined some articles of Napoleon’s Code (1804) or some stipulations of the Swiss Civil Code, to realize than a presentation of the Giry Case from the French jurisprudence, which reflects very well the position of the judges on this concept of equity.
- Issue Year: 2012
- Issue No: 02
- Page Range: 290-297
- Page Count: 8
- Language: Romanian