What is JEQUITAS? Definition of JEQUITAS in Black's Law Dictionary
In the civil law, equity, as opposed to strictum or summum jus, (q. v.). Otherwise called cequum, cequum bonum, cequum et bonum, cequum et justum. Calvin.
Referring to the use of this term, Prof. Gray says ( Nature and Sources of the Law 290) : "Austin and Maine take cequitas a. s having an analogous meaning to equity ; they apply the term to those rules which the prwtors intro- duced through the Edict in modification of the jus civile, but it seems to be an error to suppose that cequitas had this sense in the Roman Law." He quotes Prof. Clark (Jurisprudence 367) as doubting "whether cequitas is ever clearly used by the Roman jurists to indicate simply a department of Law" and expresses the opinion that an examination of the authorities more than justifies his doubt. iEquitas is opposed to' strictum jus and varies in meaning between reasonable modification of the letter and substantial justice. It is to be taken as a frame of mind in dealing with legal questions and not as a source of law.
See JEquum et Bonum.
ZEquitas agit in personam. Equity acts upon the person. 4 Bouv.Inst. n. 3733.
2Equitas est correctio legis generaliter latx, qua parte deficit. Equity is the correction of that wherein the law, by reason of its generality, is deficient. Plowd. 375.
ZEquitas est correctio qudam legi adhibita, quia ab ea abest aliquid propter generalem sine ex- ceptione comprehensionem. Equity is a certain correction applied to law, because on account of its general comprehensiveness, without an excep- tion, something is absent from it. Plowd. 467.
lEquitas est perfecta qudam ratio quajus scrip- turn interpretatur et emendat; nulla scriptura comprehensa, sed solum in vera ratione consistens. Equity is a certain perfect reason, which inter- prets and amends the written law, comprehended in no writing, but consisting in right reason alone. Co.Litt. 24b.
27-Equitas est quasi aequalitas. Equity is as it were equality; equity is a species of equality or equali- zation. .Co.Litt. 24.
ZEquitas ignorantiie opitulatur, oscitanthe non item. Equity assists ignorance, but not careless- ness.
Xquitas non facit jus, sed juri auxiliatur. Eq- uity does not make law, but assists law. Lofft, 379.
irEquitas nunquam contravenit legis. Equity nev- er counteracts the laws.
1-Equitas sequitur legem. Equity follows the law. 5 Barb.N.Y. 277, 282.
iEquitas supervacua odit. Equity abhors super- fluous things. Lofft, 282.
IEquitas uxoribus, liberis, creditoribus maxime favet. Equity favors wives and children, credi- tors most of all.
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