KONCEPT PRAVIČNOSTI KAO UNIVERZALNI MODEL USKLAĐIVANJA PRAVA I STVARNOSTI
APPLICATION OF THE EQUITY CONCEPT AS A UNIVERSAL MODEL OF HARMONIZATION OF LAWS AND REALITY

Summary/Abstract: Equity as one of the models of harmonisation of law and reality has been known to all major legal systems. Roman aequitas, practically implemented by the praetor and his application of the bona fides and aequitas principles, English equity law, developed as a parallel legal and judicial system, and the institution of the mazalim as a model of administering universal justice, all have their similarities and specific features. The purpose of the paper is to analyze the reaction of the legal and judicial system in the case of its inability to respond adequately in accordance with justice and equity in certain situations, and to confirm that the three mentioned systems created alternative forms of justice and equity administration in those situations.

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