Overview

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.

Full Product Details

Author:   E. Koops ,  W.J. Zwalve
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   10/5
Weight:   0.497kg
ISBN:  

9789004262195

ISBN 10:   9004262199
Pages:   216
Publication Date:   31 October 2013
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Available To Order  
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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

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Author Information

Egbert Koops, Ph.D. (2010), Leiden University, is Assistant Professor of Property Law at University of Groningen. He has published a monograph in Dutch on the history of security interests and has co-edited two previous books. Willem Zwalve, Ph.D. (1981), University of Groningen, is Professor of Legal History at Leiden University and Professor of Anglo-American Private Law at University of Groningen. He was elected member of the Royal Netherlands Academy of Arts and Sciences in 2009.

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