Interaction between Law and Equity
in English law and Roman law
English law has a lot in common with the law of Rome, because, by
sheer coincidence, English law still as a dual structure closely
resembling the dual structure of classical Roman law. In Roman law,
two distinct legal sources applied to practically all private law
issues, i.e. the ius civile and the ius praetorium: statutory and
customary law (ius civile) on the one hand and the law as created by a
Roman magistrate, the praetor, (ius praetorium) on the other. In
English law there is a similar distinction between Law and Equity, the
Law, as administered by the Courts of Law, on the one hand and Equity,
as developed in Chancery, on the other.
The peculiar interaction between ius civile and ius praetorium shaped
the law of Rome, as the interaction between Law and Equity did (and
does) with English law. In this conference, the striking similarity
between the external structure of classical Roman law and English law
will be elaborated by emphasizing the differences and similarities in
substantive law this interaction has produced in the law of property
and the law of obligations. There will be two historical introductions
to the subject, to be followed by seven lectures focussing on issues
of substantive law, such as security interests; the evasion of
formalities in property law (bonitary ownership compared with
equitable ownership/proprietary estoppel); rescission of contracts;
the construction of contracts and unjust enrichment.
Philips van Leyden b.p., the Leiden student union for Roman law and European legal history, which celebrates its semicentennial anniversary in 2011.
Friday, december 16th 2011.
Kamerlingh Onnes Building of the Leiden Law Faculty, Steenschuur 25, Leiden.
Other participants: €25
The Dutch Bar Association awards 5 PO-points for participating in the congress.
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