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Vol 21 No 10 Oct/Nov 2016

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Law and Equity: Approaches in Roman Law and Common Law

Edited by: E Koops, W.J. Zwalve

ISBN13: 9789004262195
Published: October 2013
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £94.00



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Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments?

In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.

Subjects:
Legal History, Roman Law and Greek Law
Contents:
Table of contents

Preface
Note on the Authors
List of Abbreviations

I. INTRODUCTION
Introduction: The Equity Phenomenon
W.J. Zwalve and E. Koops

II. EXTERNAL HISTORICAL ASPECTS
1. The Equity of the Law: Law and Equity since Justinian
W.J. Zwalve
2. The Equity of the Common Law Courts
P. Brand
3. A House Built on Sand: Equity in Early Modern English Law
D.J. Ibbetson
4. Arbitrary Chancellors and the Problem of Predictability
M. Macnair

III. SUBSTANTIVE ASPECTS
5. Equity’s Connivance in the Evasion of Legal Formalities
J. Cartwright
6. Ius Honorarium, Equity and Real Security: Parallel Lines of Legal Development
H.L.E. Verhagen
7. Rescission of Contracts: Was Roman Law more Consistent than English Law?
F. Brandsma
8. The Equity of D.
17,1,26,6: Liability of a Principal for Accidental Losses Suffered by his Agent
W.J. Zwalve

Index of Persons
Index of Sources