Lawful and Judicial Rule of Equity
Subject Areas : Private law
masoumeh mazaheri
1
(
دانشگاه تهران
)
zahra aal eshagh
2
(
دانشگاه تهران
)
Keywords: justice, Equity, judicial rule of equity, lawful rule of equity, rule of justice and equity,
Abstract :
Equity, regardless of its being a judicial principle, has two meanings: First, equality and second, conscience and morality judgment in one case. It is different from justice, Estehsan and etc. It is one of those cases that their presence make good essence and their absence follow unfavorable essence. The principle of equity can be proven by verses and tradition. Several cases of the practicality of this principle can be seen in the lives and judgments of the Immaculate. The principle of justice and equity has been used by several Jurisconsults but there is difference between equity and justice. Equity is an important concept in Roman and German systems too. In Iran, equity in not a rule and some lawyers indicate it as lawful source.
