Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Equity's Limits

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

There is a limit to the use of equity: there is discretion used, it is true, but this does not imply arbitrariness. It sometimes happens that equity, rather than being applied to legal norms, is inspired by the norms, as well as by considerations of justice and of fact. In spite of the singular character of equity?s judgement, when compared to legal judgement, the judge should make every effort to lead discretional judgement in general?and equitable judgement, in particular?back to positive bases?at least to the overriding principles upon which the legal system is founded, those proclaimed in the Constitution, the law of laws. As we mentioned before, this is what LUIS SÁNCHEZ AGESTA called a ?super-law?.

Keywords: comparative law; equity



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Equity and Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation