THE CONCEPT OF JUSTICE AND EQUITY AND THEIR RELATION TO THE LAW
THE CONCEPT OF JUSTICE AND EQUITY AND THEIR RELATION TO THE LAW

Summary/Abstract: The article aims at analyzing the concept of justice and equity as fundamental principles of law in general and the civil law in particular, respectively, the law of obligations. The basic idea of this research is to emphasize the role and importance of justice as a special value principle and equity as corrector of the law and its source material. By referring to the function of equity, as a corrective option, namely, the fulfillment of the law, the article tries to prove that equity is an individual case law, because by enabling the judge to implement in any concrete case a form of free and individual trial based on justice it serves to improve what is legally right. Referring to the provisions of the Law on Obligations of the Republic of Macedonia (2001), which promotes the principle of equity and at the same time flexibility in justice, the article attempts to analyze the cases and conditions under which may be acted according to the principle of the equity, depending on the legislator’s conviction. In an effort to incorporate the dimensions of the principle of justice and equity and to build the frameworks upon which these concepts arise, the research will be extended on the time and spatial plan, bringing theoretical and legislative references from comparative theories and legislation.

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