“Equity and common law are cohabitants in England as well as in other legal systems originated from English law. A separate court is always a mark of the existence of a separate body of substantive rules and it is certainly of interest to note that courts of equity, abolished as such in England in the last quarter of the XIX century, remained alive in Australia for an additional century and still are alive in some states of the USA. The abolition of the English court of equity, the Chancellor’s court or Chancery, had nothing to do with the movement that took hold in Europe during the second part of the XVIII century and led almost everywhere to the abolition of special courts, be they feudal or clerical or otherwise …” (more)
Maurizio Lupoi, ‘English “equity” and the civil law – a tale of two worlds’, Trusts and Trustees, https://doi.org/10.1093/tandt/ttz135. Published: 31 January 2020.
First posted 2020-02-04 06:38:38
Leave a Reply