A Comparative Study on the Equity and Ex Aequo Et Bono

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Motiei Ensieh; Alborzi Verki Masoud

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Comparative Law Researches Year:2018 | Volume:22 | Issue:3 (101) Page(s): 137-161

Download Full-Text

Persian Verion

View:

2,679

Download:

Cites:

Information Journal Paper

Title

A Comparative Study on the Equity and Ex Aequo Et Bono

Author(s)

Motiei Ensieh | Alborzi Verki Masoud | Issue Writer Certificate

Keywords

EquityQ1

Ex aequo et bonoQ1

National lawsQ1

International lawQ1

Abstract

Equity, for resolving disputes by a judge or an arbitrator, is sometimes used as a general principle of law ("Equity") and sometimes as the high moral principles that can put aside the law ("Ex aequo et bono"). A part from the practical effects of distinction between these concepts, it is settled that they are different from each other in several aspects. The origin of Equity, in its present sense, dates back in National laws to the Roman Germanic system of law to 1625, on the basis of the Aristotle's thoughts in this regard, and in International law to 1920. Equitable solution, on the basis of Ex aequo et bono relates, in domestic law, under the influence of Uncitral Arbitration Rules, to 1976 and, in International law, to 1920. Equity is usually a legal norm which, in decision making, is taken into consideration as a part of law. While the nature of Ex aequo et bono is a judicial discretion on the basis of which the judge, disregarding the law, decides about the matter. There is often no need to the consent of disputing parties regarding Equity, but use of Ex aequo et bono, in any case, requires the consent of the parties. Equity in the law of Iran, except within the context of Art. 27 (3) of the International Commercial Arbitration Act, has been used as a general principle of law, often implicitly, in the law and legal precedents.

Cites

No record.

References

No record.

Cite

APA: Copy

Motiei, Ensieh, & Alborzi Verki, Masoud. (2018). A Comparative Study on the Equity and Ex Aequo Et Bono. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 22(3 (101) ), 137-161. SID. https://sid.ir/paper/366756/en

Vancouver: Copy

Motiei Ensieh, Alborzi Verki Masoud. A Comparative Study on the Equity and Ex Aequo Et Bono. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2018;22(3 (101) ):137-161. Available from: https://sid.ir/paper/366756/en

IEEE: Copy

Ensieh Motiei, and Masoud Alborzi Verki, “A Comparative Study on the Equity and Ex Aequo Et Bono,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 22, no. 3 (101) , pp. 137–161, 2018, [Online]. Available: https://sid.ir/paper/366756/en

Related Journal Papers