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Aequitas

(2,059 words)

Author(s): Repgen, Tilman (Cologne)
Repgen, Tilman (Cologne) [German version] A. The concept (CT) Since the late Middle Ages, the legal concept of aequitas has been translated by equity, although a differentiation was made between the two terms, particularly in the 19th cent. Equity can best be described as a source of law, which claims validity in addition to the positive legal system and helps to decide individual cases. Martinus Gosia (*around 1100), for instance, designated equity as fons et origo iustitiae (‘source and origin of justice’). As a particular manifestation of justice, equity is both a mea…