From the Aristotelic Concept of επιεικεια to the New Romanian Civil Code`s Equity
DE LA CONCEPTUL ARISTOTELIAN DE επιεικεια LA ECHITATEA DIN NOUL COD CIVIL ROMÂNESC

Summary/Abstract: The aim of this article is to emphasize some practical aspects of the concept of equity. Making a short introduction about the term and its evolution starting with Aristotle and the ancient Greek and Roman philosophy, I tried to underline the reflection of these first conceptions on equity over the legislations in Europe. It is not a new discovery to have and use this concept in the civil codes of the European countries and now more than ever in the Romanian Civil Code. I underlined some articles of Napoleon’s Code (1804) or some stipulations of the Swiss Civil Code, to realize than a presentation of the Giry Case from the French jurisprudence, which reflects very well the position of the judges on this concept of equity.

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